# Thornton-Tomasetti Engineers v. Indianapolis-Marion County Public Library

> Indiana Court of Appeals · August 11, 2006 · 851 N.E.2d 1269

URL: https://www.frixlaw.com/law-library/cases/9734566

## Case

- **Full name:** THORNTON-TOMASETTI ENGINEERS, Appellant-Defendant, v. THE INDIANAPOLIS-MARION COUNTY PUBLIC LIBRARY, Appellee-Plaintiff
- **Court:** Indiana Court of Appeals
- **Decided:** August 11, 2006
- **Citations:** 851 N.E.2d 1269; 2006 Ind. App. LEXIS 1545; 2006 WL 2323313
- **Precedential status:** Published
- **Opinion:** Concurrence by Sullivan
- **Judges:** Baker, Sullivan
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9734566

## Opinion text

*1281 SULLIVAN, Judge,
concurring in result.
'It is undisputed that in dismissing Thornton's Motion for Preliminary Injunetion, the trial court concluded that Thornton's adequate remedy at law lay within Trial Rule 34. More to the point, T.R. 34(A)(2) permits entry onto a premises for purposes of testing.
Although the majority holds that matters concerning the issuance of the protective order in favor of the Library are not properly before us, it is equally undisputed that the trial court did indeed issue such order preventing Thornton from entering the project premises in order to conduct load tests.
The result of the protective order, although not properly before us as to the merits thereof, was undeniably to remove the remedy of T.R. 34(A)(@2) from Thornton's remedies at law.
Notwithstanding this glitch in the interrelationship 'between dismissal of the Motion for Preliminary Injunction and denial of Thornton's request to enter the premises for purposes of testing, the dismissal of the Motion for Preliminary Injunction was appropriate because Thornton failed in other respects to carry its evidentiary burden.
For this reason, I concur in result.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9734566. Public record. Not legal advice.