A-17-654, Brady Keith (Appellant) v. Data Enterprises, Inc.
Lancaster County, District Judge Andrew Jacobsen
Attorney for Appellant: Joshua C. Dickinson (Spencer Fane, LLP)
Attorney for Appellee: Colin A. Mues and Emily R. Motto (Baylor, Evnen, Curtiss, Grimit & Witt, LLP)
Civil: Motion to Dismiss
Action Taken by Trial Court: The District Court for Lancaster County determined that: (1) Brady’s claims for breach of contract, negligence, negligent misrepresentation, and violation of the Uniform Deceptive Trade Practices Act are barred by the applicable statute of limitations; (2) Brady failed to state a claim for relief for equitable indemnification; and (3) Brady failed to state a claim on behalf of a class. The court dismissed the case with prejudice.
Assignments of Error on Appeal: Brady assigns the district court erred in (1) determining there was no genuine issue of material fact and finding the statute of limitations had run, and (2) dying his overall indemnity claim by making a greater factual determination regarding the parties’ relationship that went well beyond a court’s role in a motion to dismiss.