Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 1 of 36

ATTORNEYS FOR APPELLANTS

Michael D. Sears

Jacquelyn S. Pillar

Crown Point, Indiana

ATTORNEY FOR APPELLEE

D. Eric Neff

Crown Point, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Community Foundation of 

Northwest Indiana, Inc., St.

Mary Medical Center, Inc., and 

Rebecca Iwanus,

Appellants-Defendants,

v.

Elizabeth A. Miranda,

Appellee-Plaintiff. 

March 19, 2019

Court of Appeals Case No.

18A-PL-1458

Appeal from the Lake Superior

Court

The Honorable Calvin D. 

Hawkins, Judge.

Trial Court Cause No.

45D02-1511-PL-83

Tavitas, Judge.

Case Summary

[1] Community Foundation of Northwest Indiana, Inc. (“Community”), St. Mary 

Medical Center, Inc. (“St. Mary’s”), and Rebecca Iwanus (collectively,

“Defendants”) appeal the trial court’s denial of their motion for summary 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 2 of 36

judgment in proceedings brought by Elizabeth Miranda. We reverse and 

remand. 

Issue

[2] Defendants raise one issue, which we restate as whether the trial court properly

denied Defendants’ motion for summary judgment. 

Facts

[3] Miranda began working at St. Mary’s in 2014 as a nurse on the oncology floor. 

Miranda was unemployed prior to beginning her job at St. Mary’s. After 

approximately six months of employment at St. Mary’s, Miranda requested and 

was granted a transfer within St. Mary’s to a new position as a nurse liaison in 

the emergency department. According to Defendants, the nurse liaison’s role 

was: 

At the time of “arriving” a patient [which occurs when a patient 

arrives at the emergency department and registration employees 

input the patient into the hospital’s system], if a nurse liaison was 

present, her job was to instruct the registration employee as to the 

patient’s chief complaint after discussion with the patient. If the 

nurse liaison was not present, the registration employee would 

input the chief complaint based on the patient’s description, and 

the liaison would later amend the complaint, as necessary. 

Appellants’ App. Vol. II p. 41 (internal citations omitted). Miranda claims, 

because the position was relatively new to St. Mary’s, the assigned duties of the 

nurse liaison evolved as the position became more developed. “Arriving” a 

patient essentially means noting their arrival time to the emergency department. 
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See Appellant’s App. Vol. II p. 104 (Iwanus states that, “When a patient came 

up to the desk, we were to take their ID, arrive the patient”); see also Appellant’s 

App. Vol. III p. 8 (Miranda explains that her role as a nurse liaison changed, 

and “[d]uties were added. At first we were supposed to be strictly at the 

registration, or the desk, to arrive the patient and get the chief complaint”). 

Arriving a patient is important because certain procedures would need to be 

followed for certain patients within a pre-determined time period depending on 

the patient’s symptoms. For example, patients who came in complaining of 

chest pain would need to be given an EKG within a certain time period after 

the patient’s arrival. Thus, noting a patient’s arrival time is important for 

purposes of rendering adequate and timely care. 

[4] Greg Sampson is the Director of Emergency Services at St. Mary’s and was 

Miranda’s direct supervisor. Iwanus was the supervisor of the registration 

employees in the emergency department, and she supervised the registration 

employees with whom Miranda, as nurse liaison, would work in the emergency 

department.1

 In April 2015 (the “April meeting”), Sampson notified Miranda 

that he received an email in March, complaining that Miranda was asking the 

registration employees to delay recording the time of “arriving” patients, which 

was “un[]ethical.” Appellants’ App. Vol. III p. 189. 

 

1 The registration employees are not registered nurses. 
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[5] Miranda claims that Sampson showed her the email complaint in the April 

meeting authored by Iwanus. Iwanus, however, denies ever complaining about 

Miranda. Until this point, Miranda stated that she and Iwanus never had any 

issues with one another. Miranda admitted that she recalled asking a 

registration employee to delay an “arriving” patient time in March 2015. At the 

April meeting, Sampson instructed Miranda not to ask registration employees

to delay “arriving” patient times again. 

[6] In July 2015, Miranda received her positive review for her performance during 

the time period from March 10, 2014, until March 10, 2015, which was prior to 

the date of the complaint Sampson received regarding Miranda’s request to

delay “arriving” patient times. Later that month, on July 23, 2015 (the “July 

meeting”), Miranda was summoned to a meeting with Sampson and a human 

resources representative. Sampson presented Miranda with a notice of 

corrective action for again asking employees to delay “arriving” patients.

Sampson received complaints that Miranda again made the request to 

registration employees on two separate occasions on July 20, 2015. Miranda 

denies that she asked the registration employees to delay “arriving” patient 

times again. Miranda informed Sampson that she would be submitting a 

rebuttal to challenge the accusations made against her. 

[7] After the July meeting, Miranda was suspended and escorted out. Immediately 

after Miranda was escorted out, she contacted Lori Alicea, one of the 

registration employees, and informed Alicea that Miranda had been suspended, 

with the possibility of termination, due to allegations that Miranda was
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delaying patient treatment. According to Miranda, Alicea “became emotional” 

and apologized because Alicea had raised the issue in July to supervisors, 

because she was looking for direction on the proper course of action, and her 

intent was not to get Miranda fired. Appellant’s App. Vol. II p. 202. Miranda 

also contacted Gwen Perfetti, another nurse liaison and also told Perfetti that 

she was suspended with a possibility of termination. Miranda claims she 

received several phone calls from coworkers once they became aware of her

suspension. 

[8] After Miranda’s suspension, Miranda submitted a rebuttal on July 27, 2015, 

and attempted to begin the problem solving procedure outlined in the employee 

handbook. Sampson terminated Miranda on July 29. After her termination, 

Miranda’s nursing license was due for renewal, and Miranda was required to 

list her termination on her renewal application. Miranda was required to 

participate in a hearing before the Board of Nursing (“the Board”) to renew her 

license. While Miranda’s hearing was pending, her license was put on 

temporary status, but ultimately, Miranda’s license was renewed by the Board. 

[9] On November 17, 2015, Miranda filed her “Complaint for Damages and 

Injunctive Relief” (the “Complaint”) against Defendants. Miranda’s 

Complaint alleges Count I, “Breach of Contract/Wrongful Termination”;

Count II, “Defamation, Libel & Slander Against Community and/or St. 

Mary’s”; Count III, “Defamation, Libel & Slander Against Iwanus”; Count IV, 

“Negligence Against Iwanus, Community, and/or St Mary’s”; Count V, 

“Promissory Estoppel”; and Count VI, “Tortious Interference with Contractual 
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Relationship/Business Relations.” Id. at 14-22. We address the basis for each 

claim further below. 

[10] Miranda’s complaint also sought injunctive relief, asking the trial court to issue

an injunction (1) prohibiting Defendants from sharing any information 

regarding Miranda’s employment with Community and St. Mary’s; (2) 

requiring St. Mary’s and Community to remove all “negative and false 

notations” in Miranda’s employment records; (3) prohibiting St. Mary’s and 

Community from refusing Miranda entrance to the premises where Miranda’s 

“current employment requires her attendance”; (4) requiring St. Mary’s and 

Community to turn over any and all employment records related to Miranda; 

(5) requiring St. Mary’s and Community to “remove any and all negative 

notations, comments, and/or findings . . . . associated with [Miranda’s] nursing 

license”; and (6) requiring St. Mary’s and Community to immediately stop all 

communications with the Board related to Miranda’s nursing license until the 

resolution of Miranda’s lawsuit. Id. at 23. 

[11] Defendants filed a motion for summary judgment on January 31, 2018. After a 

hearing on May 16, 2018, the trial court concluded that it would take the 

motion under advisement.

2

 

 

2 At the summary judgment hearing, the trial court stated: 

What I will do, and tell you, I will – and what I normally do for a motion for summary 

judgment proceedings is that I will certify whatever ruling I have, because there are a lot 

of legal arguments in this one. And it would be almost a waste of time – well, I’m 
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The trial court ultimately entered an order on May 23, 2018, denying 

Defendants’ motion for summary judgment and certifying the order for 

interlocutory appeal sua sponte. 

Analysis

[12] Defendants appeal the trial court’s denial of their motion for summary 

judgment on all counts of Miranda’s complaint. Summary judgment is 

appropriate only when the moving party shows there are no genuine issues of 

material fact for trial and the moving party is entitled to judgment as a matter of 

law. Erie Indem. Co. for Subscribers at Erie Ins. Exch. v. Estate of Harris by Harris, 99 

N.E.3d 625, 629 (Ind. 2018), reh’g denied; see also Ind. Trial Rule 56(C). Once 

that showing is made, the burden shifts to the nonmoving party to designate 

appropriate evidence to demonstrate the actual existence of a genuine issue of 

 

perceiving it might be a waste of time that just a plain ruling, and you go through a trial, 

and it goes up on appeal, wasted all of that time, . . . But I will take it under advisement. 

And, of course, in summary judgment, we always start with the more favorable 

arguments initially throughout going toward the nonmovant. That’s basic case law. . . .

But whatever it is in terms of the ruling, I will certify it. And generally, there are a few 

exceptions on one hand – I have been here on the bench now 11 years. I don’t think 

there have been more than five cases that have not been taken up by the Court of Appeals 

where I certified it, the losing party takes it up on interlocutory appeal, and the Court of 

Appeals hears it, because then you’d have some work to do. And I give them work. 

* * * * *

Because I allow the Court of Appeals to deal with that. And I haven’t been censured yet, 

but there’s always a first time. You all can say he did “X” and he should have done “Y” 

and “Z.” 

Summary Judgment Hearing Tr. pp. 17-18. 
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material fact. Schoettmer v. Wright, 992 N.E.2d 702, 705-06 (Ind. 2013). When 

ruling on the motion, the trial court construes all evidence and resolves all 

doubts in favor of the non-moving party. Id. at 706. We review the trial court’s 

ruling on a motion for summary judgment de novo, and we take “care to ensure 

that no party is denied his day in court.” Id. “We limit our review to the 

materials designated at the trial level.” Gunderson v. State, Indiana Dep’t of Nat. 

Res., 90 N.E.3d 1171, 1175 (Ind. 2018).

A. Breach of Contract, Promissory Estoppel, Wrongful Termination

[13] Defendants argue that the trial court erred by denying their motion for 

summary judgment on Miranda’s breach of contract claim. Miranda’s basis for 

her breach of contract claim is that she signed an employment offer letter and 

on-boarding schedule (the “offer letter”) and an employee handbook (the 

“handbook”), which applies to all St. Mary’s employees, when she began her 

employment with St. Mary’s in 2014. Miranda contends that the offer letter 

and the handbook constitute her employment contract. In response, 

Defendants claim that Miranda was an at-will employee, who was terminated 

due to performance issues. Importantly, Defendants note that the handbook 

squarely states it is not a contract of employment. 

i. The Documents 

[14] First, we analyze the contents of the documents Miranda contends are 

contracts. The offer letter includes directions at the top, which state: 
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Please review the following form and provide your electronic 

signature at the far bottom to indicate your acceptance of the 

terms of employment. If you do not accept these terms, have any 

changes or if you have any questions, please contact your HR 

representative promptly. 

Appellants’ App. Vol. II p. 93. The offer letter contains personal information 

about Miranda, including her name, address, phone number, date of birth; date 

of hire; job title; manager; starting rate; shift; pay group; benefit program; job 

code; department; and hours worked per pay period. The offer letter also states: 

This offer of employment and your continued employment with 

[sic] is contingent upon your successful completion of an 

employee health and background screening. Please indicate you 

accept this agreement by providing your electronic signature 

below. 

Id. Miranda signed and dated the offer letter on February 25, 2014. Once 

Miranda transferred to the emergency department, she received an email titled,

“Employee Transfer Information,” which included most of the same 

information that was included in the offer letter. Notably, there is a start date

listed, but no term of employment on either document. 

[15] The handbook, a separate document, states that it “is not a contract 

guaranteeing employment for any specific duration. Although we hope that 

your employment relationship with us will be long-term, either you or 

Management may terminate this relationship at any time, for any reason, with 

or without cause or notice.” Appellants’ App. Vol. III p. 53. The handbook 

states that employment at St. Mary’s is “at will.” Id. at 63. The handbook also 
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states that the policies contained in the handbook are “subject to change at the 

sole discretion of Management.” Id. at 53. Finally, with regard to Miranda’s 

specific allegations in this lawsuit, the handbook advises that “problem solving 

is not available to the following corrective action status: suspension which 

could result in termination.” Appellants’ App. Vol. II p. 96. 

ii. Types of Employment

[16] In Orr v. Westminster Village North, Inc., our Supreme Court set forth the 

distinctions in the type of employment in Indiana. 689 N.E.2d 712, 717 (Ind. 

1997). 

Historically, Indiana has recognized two basic forms of 

employment: (1) employment for a definite or ascertainable term; 

and (2) employment at-will. If there is an employment contract 

for a definite term, and the employer has not reserved the right to 

terminate the employment before the conclusion of the contract, 

the employer generally may not terminate the employment 

relationship before the end of the specified term except for cause 

or by mutual agreement. If there is no definite or ascertainable 

term of employment, then the employment is at-will, and is 

presumptively terminable at any time, with or without cause, by 

either party. Wior v. Anchor Industries, Inc., 669 N.E.2d [172,] 175

(Ind. 1996); Speckman v. Indianapolis, 540 N.E.2d 1189, 1192 (Ind.

1989) . . . . 

The employment-at-will doctrine is a rule of contract 

construction, not a rule imposing substantive limitations on the 

parties’ freedom to contract. Streckfus v. Gardenside Terrace Co-Op., 

Inc., 504 N.E.2d 273, 275 (Ind. 1987). If the parties choose to 

include a clear job security provision in an employment contract, 

the presumption that the employment is at-will may be rebutted.

See Speckman, 540 N.E.2d at 1192; Streckfus, 504 N.E.2d at 275. 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 11 of 36

Nevertheless, in Indiana, the presumption of at-will employment 

is strong, and this Court is disinclined to adopt broad and illdefined exceptions to the employment-at-will doctrine. []

Orr, 689 N.E.2d at 717-18. 

[17] Even though the presumption of at-will employment in Indiana is strong, our 

Supreme Court has acknowledged certain exceptions to the at-will employment 

presumption. 

First, if an employee establishes that “adequate independent 

consideration” supports the employment contract, the Court 

generally will conclude that the parties intended to establish a 

relationship in which the employer may terminate the employee 

only for good cause. Generally, simply surrendering another job 

or moving to another location to accept a new position which the 

employee sought, standing alone, does not constitute adequate 

independent consideration. 

* * * * *

Second, we have recognized a public policy exception to the 

employment-at-will doctrine if a clear statutory expression of a

right or duty is contravened. For example, we have invoked the 

public policy exception when an employee was discharged for 

filing a workmen’s compensation claim, or when an employee 

was discharged for refusing to commit an illegal act[.]

* * * * *

Third, this Court has recognized that, in certain instances, an 

employee may invoke the doctrine of promissory estoppel. To 

do so effectively, the employee must plead or assert the doctrine 
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with particularity. The employee must assert and demonstrate 

that the employer made a promise to the employee; that the 

employee relied on the promise to his detriment; and that the 

promise otherwise fits within the Restatement test for promissory 

estoppel. 

Id. at 718 (citations omitted). 

[18] The Orr court also stated that it was going to “decline plaintiffs’ invitation” to 

use that case to determine whether an employee handbook “can ever constitute 

a unilateral contract serving to modify the otherwise at-will employment 

relationship.” Id. at 720. Still, the Orr court concluded: 

Even if we were to conclude that an employee handbook, under 

some circumstances, can constitute a valid unilateral contract in 

the absence of adequate independent consideration—and we do 

not do so today—[the employer’s] Handbook could not

constitute such a unilateral contract and, in fact, cannot meet the 

requirements set forth in Duldulao v. Saint Mary of Nazareth Hosp. 

Center, 115 Ill.2d 482, 106 Ill.Dec. 8, 12, 505 N.E.2d 314, 318 

(1987), upon which plaintiffs primarily rely while urging the 

Court to create a handbook exception to the employment-at-will 

doctrine. 

Id. The Duldulao rule states: 

[A]n employee handbook may constitute a unilateral contract 

and bind the employer if the following three criteria are met: (1) 

the language of the employee handbook must contain a promise 

clear enough that an employee would reasonably believe that an 

offer had been made; (2) the employee handbook must be 

disseminated to the employee in such a manner that the 

employee is aware of its contents and reasonably believes it to be 
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an offer; and (3) the employee must accept the offer by 

commencing or continuing work after learning of the terms of the 

employee handbook. 

Id. In other words, our Supreme Court appeared to consider, without explicitly 

adopting, the Duldulao rule. Furthermore, because the plaintiffs in the Orr court 

focused on the issue regarding the contract, the court there did not focus on 

whether the plaintiffs defeated the presumption of at-will employment 

otherwise. See id. at 717 (“The sole question in this case is whether the 

Handbook served to convert plaintiffs’ otherwise at-will employment 

relationship with Westminster into an employment relationship that required 

Westminster to terminate them only for good cause”). Here, we construe 

Miranda’s argument to be both that she had a contract, pursuant to the Orr 

court’s analysis in Duldulao, and that, even if she did not have a contract, she 

has defeated the presumption of at-will employment. Accordingly, we address 

both arguments. 

iii. Miranda did not have a contract with St. Mary’s or Community

[19] We are again persuaded by the Orr court in our analysis of this issue. In 

concluding that the handbook in Orr did not meet the Duldulao requirements, 

our Supreme Court stated: 

Here, we need go no further than the first step under Duldulao.

The Handbook certainly cannot be said to contain a “clear 

promise” which plaintiffs could reasonably believe constitutes an 

“offer.” Not only is a statement that employees will only be 

discharged for just or good cause absent from the Handbook, but 

also the Handbook expressly states that while “in most cases, 
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disciplinary action will begin with an oral warning . . . . if 

warranted . . . dismissal may occur immediately.” (R. at 33.) 

The Handbook also states that the list of violations “is not 

intended to be all inclusive,” (R. at 83) and emphasizes that 

major violations in particular “can result in immediate discharge 

without warning,” (R. at 82). Thus, there is no clear promise to 

follow a progressive disciplinary approach, and, in fact, there are 

clear statements which provide that Westminster, in appropriate 

circumstances, may discharge employees without warning. 

Under such circumstances, Illinois courts interpreting Duldulao

have concluded that, as a matter of law, the employee handbook 

does not create enforceable contract rights because the handbook 

has prescribed no “specific procedures” by “positive and 

mandatory language.” St. Peters v. Shell Oil Co., 77 F.3d 184, 187 

(7th Cir. 1996); Lampe v. Swan Corp., 212 Ill.App.3d 414, 156 

Ill.Dec. 658, 659, 571 N.E.2d 245, 246 (1991).

If this were not enough, the Handbook also contains a 

disclaimer, which is placed towards the front of the Handbook 

and which clearly states that the Handbook is not a contract and 

that its terms can be changed at any time. A similar disclaimer is 

included in the Personnel Handbook Statement which 

accompanied, and was referenced in, the Handbook and which 

Westminster required plaintiffs to sign. Again, even under the 

Duldulao rule, an employee handbook bearing or accompanied by 

such disclaimers, particularly when the employee signs one of the 

disclaimers, generally, as a matter of law, does not create a 

unilateral contract. 

* * * * *

The Handbook’s vague and general statements about categories 

of employees, annual performance reviews, and job security, 

when weighed against the clear and specific language giving 

Westminster broad discretion in disciplinary matters and the 

prominent disclaimers, are simply not enough to create an issue 
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of material fact as to whether the Handbook constituted a valid 

offer under a unilateral contract analysis. See Lee v. Canuteson,

214 Ill.App.3d 137, 157 Ill.Dec. 900, 573 N.E.2d 318 (1991). As 

a matter of law, then, such a Handbook could not constitute a 

valid unilateral contract even if we were to hold that there were 

no requirement that such a contract be supported by adequate 

independent consideration. 

Id. at 721-22. 

[20] While the handbook and offer letter here are not exactly the same as the one at 

issue in Orr, the similarities clearly demonstrate that these documents cannot be 

construed to be a contract under Duldulao. First, the offer letter appears to be 

nothing more than an administrative document that gives Miranda information 

related to her employment. Second, the handbook itself squarely states that it is 

not a contract. The handbook also states that all employees are at-will and that 

the contents of the handbook should not be construed as a contract. The mere 

fact that the handbook sets out certain employee policies does not convert the 

handbook into an employment contract. See Wynkoop v. Town of Cedar Lake, 970 

N.E.2d 230, 236 (Ind. Ct. App. 2012) (“Following Orr, this Court has declined 

to construe personnel policies as converting an individual’s employment from 

an at-will relationship” to a contract.), trans. denied; see also Harris v. Brewer, 49 

N.E.3d 632, 642 (Ind. Ct. App. 2015) (finding that the handbook “would not 

constitute a valid unilateral contract as it does not contain a clear promise of 

secure employment”), trans denied. Furthermore, the handbook states that St. 

Mary’s has the authority to change the contents of the handbook on its own. 
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[21] Because we find that Miranda does not have a contract for employment, we 

also reject her arguments that certain procedures in the handbooks were not 

followed, constituting a breach of contract. For completeness, however, we 

respond to Miranda’s argument that a thorough investigation of the allegations 

against her was not completed. Specifically, Miranda contends that a

“thorough investigation” was not conducted because “no one questioned any of 

the character witnesses supplied to the Appellants by Miranda[.]” Appellee’s 

Br. p. 15. 

[22] While we generally agree with Miranda’s contention that policies in the 

handbook should mean something, we cannot say the designated evidence 

demonstrates that a thorough investigation was not completed. In fact, there 

are several emails and documents related to the allegations against Miranda. 

The corrective action indicates there was “further review[.]” Appellants’ App. 

Vol. II p. 110. Miranda’s contention that Defendants did not speak with her

“character witnesses” does not create a genuine issue of material fact as to 

whether Miranda has a contract for employment. See Appellee’s Br. p. 15. 

[23] We reject the idea that Miranda had a contract for employment, and 

accordingly, we will evaluate whether Miranda has otherwise overcome the 

presumption of at-will employment. 

iv. Miranda is an at-will employee

[24] As stated above, under Orr, there are three exceptions to overcome the 

presumption of at-will employment. The exceptions are: (1) adequate 
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independent consideration; (2) public policy; and (3) promissory estoppel. In 

examining the three prongs in Orr to determine whether Miranda has overcome 

the presumption of at-will employment, it is clear she has not. It is also clear 

that Defendants have designated evidence which points to Miranda’s at-will 

employment status. 

a. Adequate Independent Consideration Exception

[25] First, the designated evidence demonstrates there was no adequate independent 

consideration. Not only does the designated evidence show that Miranda did 

not move or relocate to begin her job at St. Mary’s, Miranda was not employed 

prior to her job at St. Mary’s. Accordingly, it cannot be reasonably argued that 

Miranda received some individual consideration for commencing employment. 

Miranda argues that consideration does exist, but we are unclear what the 

consideration may be because the designated evidence does not demonstrate 

any consideration.3

 See Appellee’s Br. p. 14. This is not considered adequate 

for the purpose of finding Miranda’s employment at St. Mary’s subject to this 

 

3 Appellee’s full argument states: 

Applying Wynkoop to the case at bar reveals that Miranda in her designated materials has 

two documents to establish a contract. The first is the Agreement of Employment Offer . 

. . wherein it sets forth Miranda’s position, her rate of pay, her shift; and required her 

signature to accept the offer of employment agreement. All the elements of a contract 

exist offer [sic], acceptance and consideration. 

Appellee’s Br. p. 14. To the extent Miranda argues that St. Mary’s payment to Miranda for her 

services as an employee is the consideration, we believe this is insufficient for the adequate 

independent consideration analysis. To conclude otherwise would mean virtually every employment 

offer letter stating an employee’s rate of pay and requesting an employee’s signature becomes an 

employment contract. 
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first exception to at-will employment. The adequate independent consideration 

exception is inapplicable here. 

b. Public Policy Exception 

[26] Furthermore, Miranda’s employment was not terminated for a reason that 

would trigger the public policy exception. Miranda was terminated for 

continuing to request the registration clerk to delay the time for “arriving” 

patients, which Miranda had previously admitted to, and she was warned to 

refrain from such practice. Regardless of whether this conduct was “unethical,” 

as Miranda contends it was not, Miranda was instructed not to request delaying

the recording time of “arriving” patients out of concern for patients, and she 

continued to make these requests to the registration clerks. The public policy 

exception is inapplicable here. 

c. Promissory Estoppel Exception

[27] Finally, as to the third exception under the Orr analysis, there is no designated 

evidence that would entitle Miranda to relief under a theory of promissory 

estoppel. To prevail under a theory of promissory estoppel, Miranda “must 

assert and demonstrate that the employer made a promise to the employee; that 

the employee relied on that promise to [her] detriment; and that the promise 

otherwise fits within the Restatement test for promissory estoppel.” Orr, 689 

N.E.2d at 718. 

[28] Miranda asserts that, in addition to the discipline procedures as set forth in the 

handbook, Miranda’s “glowing review” that she received shortly before her 
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suspension demonstrates that she met the standards of Defendants’ 

employment. Appellee’s Br. p. 17. With regard to the review, it is not the case 

that a positive review of Miranda results in a shield of continued employment. 

While Miranda may not have known about the review until after she was 

accused of asking registration employees to delay “arriving” patients, the 

review occurred before the complaints were lodged against Miranda. 

[29] Furthermore, Miranda’s only alleged detriment was loss of employment. If loss 

of employment was sufficient for promissory estoppel, every terminated 

employee would have a claim for promissory estoppel. See Jarboe v. Landmark 

Community Newspapers of Indiana, Inc., 644 N.E.2d 118, 122 (Ind. 1994) (“The 

doctrine of promissory estoppel may be available to an at-will employee, but the 

remedy is limited to damages actually resulting from the detrimental reliance 

and will not include the benefit of altering the employment status from an atwill relationship to a permanent one. . . .”); see also Uhlman v. Panares, 908 

N.E.2d 650, 655 (Ind. Ct. App. 2009) (concluding that, despite Uhlman’s 

argument that she was a contract employee through the company’s personnel 

policies, Uhlman was an at-will employee and “under Uhlman’s reasoning, no 

employee covered by the Personnel Policies would be an at-will employee”). 

[30] Based on Miranda’s alleged reliance, Miranda contends she needed assistance 

to pay regular expenses after her termination. Miranda, however, does not 

have a valid claim for future wages under the doctrine of promissory estoppel. 

Specifically, regarding promissory estoppel: 
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[T]he line Indiana draws is between expectation damages and 

reliance damages. In future wages, the employee has only an 

expectation of income, the recovery of which promissory 

estoppel will not support in an at-will employment setting. In 

wages forgone in order to prepare to move, as in moving 

expenses themselves, the employee gave up a presently 

determinate sum for the purpose of relocating. Both moving 

expenses and forgone wages were the hopeful employee's costs of 

positioning himself for his new job; moving expenses happen to 

be out-of-pocket losses, while forgone wages are opportunity 

costs. Both are reliance costs, not expectancy damages.

Jarboe, 644 N.E.2d at 122 (quoting D&G Stout, Inc. v. Bacardi Imports, Inc., 923 

F.2d 566, 569 (7th Cir. 1991)). In Jarboe, our Supreme Court expressly rejected 

the requested damages “[t]o the extent that the plaintiff’s request for estoppel 

seeks to compel the defendants to resume their employment of the plaintiff, or 

seeks damages in the form of lost wages following his discharge,” because these 

damages constituted expectation damages. Id. The same is the case here. 

Miranda does not contend she had specific out-of-pocket losses from moving or 

even from giving up more reliable employment for her job at St. Mary’s. 

Instead, Miranda merely seeks damages for future employment. These 

“damages” do not constitute detrimental reliance in the context of a promissory 

estoppel claim. The promissory estoppel exception is inapplicable here. 

v. Wrongful Termination 

[31] Because we find that the handbook and the offer letter do not constitute a 

contract of employment and the at-will employment exceptions do not apply, 

Defendants are also entitled to summary judgment on Miranda’s complaint for 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 21 of 36

wrongful termination. See Harris, 49 N.E.3d at 636 (affirming denial of Harris’ 

wrongful termination claim on summary judgment because “the Handbook did 

not constitute a valid unilateral contract; and [] an exception to the 

employment-at-will doctrine did not apply to Harris”), trans. denied. 

[32] Accordingly, Defendants established that there were no genuine issues of 

material fact and that they were entitled to judgment as a matter of law on the 

issues of breach of contract, promissory estoppel, and wrongful termination. 

The trial court erred in failing to grant summary judgment in favor of 

Defendants on these counts. 

B. Defamation, Libel, and Slander

[33] Defendants also argue that it was error for the trial court to deny their motion 

for summary judgment on Miranda’s claims for defamation, libel, and slander 

against Defendants. Miranda’s count for defamation alleges: 

* * * * *

36. That Defendant Iwanus spoke, published, disseminated, or 

otherwise communicated throughout the workforce, and/or the 

Nursing Community and/or the public that Plaintiff Miranda 

was “unethical.” 

37. That Defendant Iwanus spoke, published, disseminated, or 

otherwise communicated throughout the workforce, and/or the 

Nursing Community and/or the public that Plaintiff Miranda 

was incompetent, as set forth in the Notice of Corrective Action. 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 22 of 36

38. That Defendant Iwanus spoke, published, disseminated, or 

otherwise communicated throughout the workforce, and/or the 

Nursing Community and/or the public that Plaintiff Miranda 

was terminated from Community for receiving multiple writeups, and/or for reasons of continual incompetency, and/or 

simply made up outlandish reasons as to why Plaintiff Miranda 

was terminated from Community, all of which were, and remain 

utterly devoid of merit, untrue, lacking in factual basis, and made 

by Defendant Iwanus with the purpose of tarnishing Plaintiff 

Miranda’s professional reputation. 

39. That Defendant Iwanus engaged in several communications, 

as demonstrated herein, which imputed misconduct regarding 

Plaintiff Miranda’s trade, profession, office, or occupation. 

Appellants’ App. Vol. II p. 17. 

Miranda, in her brief, contends that there are “four statements all written that 

were defamatory as to [Miranda].” Appellee’s Br. p. 19. Those statements are: 

(1) the email, which Miranda contends is “missing,” between Iwanus and 

Sampson in which Iwanus calls Miranda “un[]ethical;” (2) the email from 

Grata to Sampson alleging that “[a]sking Registration to wait to arrive a patient 

is un[]ethical;” (3) the statement on the notice of corrective action dated July 

23, 2015; and (4) the notice of termination dated July 29, 2015. Id. at 19-20. 

Later in her brief, Miranda contends that a fifth statement made from one St. 

Mary’s employee to another regarding Miranda’s termination also serves as the 

basis for her defamation claim. See id. at 22-23. 

[34] Defendants argue that Miranda does not list the allegedly defamatory 

statements in her complaint, which is contrary to the pleading requirements for 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 23 of 36

defamation. In the alternative, Defendants argue that Miranda admitted to the 

conduct she complains is defamatory, and finally, that the qualified privilege of 

common interest protects the statements made by Defendants and their 

employees with regard to Miranda’s employment. 

[35] Miranda’s complaint alleges claims of defamation, libel, and slander. Her brief, 

however, focuses on defamation more broadly. Both slander and libel are 

species of defamation. See Branham v. Celadon Trucking Services, Inc., 744 N.E.2d 

514, 522 (Ind. Ct. App. 2001) (“Libel is a species of defamation under Indiana 

law”), trans. denied; see also Branaman v. Hinkle, 307 N.E. 546, 548 (Ind. 1894) 

(finding that false defamatory words if written are libel, and if spoken, are 

slander). A finding of truth or qualified privilege, both of which Defendants 

argue, can defeat defamation generally in certain circumstances, and thereby 

defeat libel or slander. See Indiana Code Section 34-15-1-2 (“In an action for 

libel or slander, the defendant may allege: [] the truth of the matter charged as 

defamatory”); see also Melton v. Ousley, 925 N.E.2d 430, 439 (Ind. Ct. App. 2010) 

(“Truth is a complete defense to defamation.”) (citations omitted); see also Bals 

v. Verduzco, 600 N.E.2d 1353, 1356 (Ind. 1992) (finding that qualified privilege 

is a defense to a defamation action).

[36] In order to determine whether Defendants are entitled to summary judgment on 

their claims, we must consider the statements themselves. On March 19, 2015, 

an email from Alexandra Neyhart to Rebecca Borkowski indicated that 

Miranda was upset with a registration employee because the employee

“arrived” a patient before Miranda was ready. Specifically, the email stated: 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 24 of 36

When [Miranda] came back she got upset with me because I had 

already arrived him as chest pain and she wanted me to wait to 

enter it till [sic] she was there so she could be within the 10[-]

minute window frame [to perform an EKG] and since I didn’t 

she only had 6 minutes to do it. This isn’t the first time she has 

asked me to wait to press enter for it to be in the 10[-]minute time 

frame.

Appellants’ App. Vol. III p. 189. Kelly Grata received the email and forwarded 

it to Sampson and Linda Greer. Grata stated, “Asking Registration to wait to 

arrive a patient is un-ethical. This is not the first complaint that I have received 

regarding [Miranda] and her telling registration how to do their job at the front 

desk.” Id. 

[37] After being faced with these allegations, Miranda sent a follow-up email to 

Sampson and stated that she “do[es] not deny doing this,” but denied that her 

conduct was unethical. Id. at 191. Later, Miranda stated, “I had even informed 

the registration employees that I had miss-informed [sic] them and informed 

them the correct manner that Linda and you expected.” Id. at 192. Miranda 

also claims that, during the April meeting with Sampson, Sampson showed her

an email allegedly from Iwanus containing a statement that Miranda was 

unethical. Defendants have denied that Iwanus sent such an email calling 

Miranda “unethical.” This email, which Miranda contends is a “missing 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 25 of 36

email,” is important to Miranda because, as she argues, “it was the first time 

that the term ‘un-ethical’ was directed towards Miranda.”4

 Appellee’s Br. p. 19. 

[38] The corrective action report, given to Miranda during the July meeting, states: 

On 7/20/15 2 separate occasions occurred whereby Ms. Miranda 

requested or directed registration personnel not to arrive a patient 

into the BD flow until she was able to consult over the chief 

complaint. One patient was experiencing chest pain and the 

other [s]hortness of breath. The chest pain patient KM was 

visibly in distress and yet Ms. Miranda insisted that the clerk not 

proceed, thus delaying intervention. The delay was 

approximately 5 minutes at which time 21:42 registration waited 

no longer and care was initiated within 2 minutes 21:44 by the 

triage nurse. The patient arrived at 21:37. The documented pain 

level during triage was 10 in left chest jaw and shoulder. The 

B/P was 143/129. The 52 yo patient had extensive cardiac 

history including a pacemaker. The second patient complaining 

of shortness of breath had a saturation of 91%. There was no 

delay in registration or treatment, but there was a request by Ms. 

Miranda to delay because she was attending to another patient. 

The triage nurse of record had acknowledged and documented 

Ms. Miranda directing the registration staff not to register 

patients on 2 separate occasions. This is the second occurrence 

of this issue in the last 4 months. The first anecdotal [sic] 

occurred on 2/16/15 and was addressed on 4/2/15. 

Appellants’ App. Vol. III p. 163. 

 

4 When asked about this at her deposition, Miranda stated: “Umm, [Iwanus] did not give – send a copy of 

the email to my supervisor. Instead of discussing the situation with my supervisor, sending the email, she 

directly sent the email to her supervisor and cc’d it to the chief of nursing officer. So my supervisor was 

caught – my manager, Greg Sampson, was caught off guard himself about the situation.” Appellant’s App. 

Vol. II p. 179. Still, Iwanus and St. Mary’s contend Iwanus did not send this email. 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 26 of 36

[39] The corrective action report was updated to reflect Miranda’s ultimate 

termination. The “work rule violation” listed was: “Patient Safety Violation –

Delay of patient care and treatment. Patient endangerment.” Id. at 184. The 

narrative on the corrective action report states:

After further review, based on the event outlined in the attached 

Investigative Suspension/subject to discharge issued on 7/23/15, 

Ms. Miranda’s employment as a RN Liaison at St. Mary’s 

Medical will be terminated effective 7/29/15. 

Id. Miranda stated that she does not believe the emails were published to 

anyone outside of the St. Mary’s system, and there is no evidence the emails, 

corrective action report, or any statements regarding Miranda was shared with 

anyone outside of St. Mary’s. 

[40] Finally, at her deposition, Miranda contended there were several statements 

made about her employment status after her termination by different St. Mary’s 

employees. Miranda claimed that Mendoza, a registration employee, told 

Miranda that Iwanus told Miranda Davis, another registration employee, that 

Miranda was terminated “not due to only that incident in July, but due to 

several write-ups.”5

 Id. at 88. Miranda also contends that registration 

 

5 When asked to explain this allegation, Miranda stated: “[Iwanus] did talk to her registration employees 

about not providing character letters in my defense.” Appellant’s App. Vol. II p. 88. When asked how 

Miranda was aware of this, she stated that she was “told by one of the registration employees. I don’t recall 

the name.” Id. Miranda also contends that the “several write-ups” comment was not “word-by-word;” 

however, we address the comment as it was characterized in the designated evidence. See Appellee’s App. 

Vol. II p. 104. 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 27 of 36

employees were told not to provide character letters in Miranda’s defense; 

however, Miranda does not point to any specific statements and does not 

“recall the name” of the person who told her this statement. Appellee’s App. 

Vol. II p. 104. 

[41] “Qualified privilege exists as a defense to defamation in order to accommodate 

the important role of free and open intracompany communications and 

legitimate human resource management needs.” Harris, 49 N.E.3d at 646 

(citing Bals, 600 N.E.2d at 1356). “This defense applies to communications 

‘made in good faith on any subject matter in which the party making the 

communication has an interest or in reference to which he has a duty, either 

public or private, either legal, moral, or social, if made to a person having a 

corresponding interest or duty.’” Id. (quoting Bals, 600 N.E.2d at 1356). 

“Intracompany communications regarding the fitness of an employee are 

protected by the qualified privilege.” Id. “Absent a factual dispute, whether a 

statement is protected by qualified privilege is a question of law.” Bals, 600 

N.E.2d at 1356. Once a defendant has proven qualified privilege, “the plaintiff 

has the burden of overcoming that privilege by showing that it has been 

abused.” Williams v. Tharp, 914 N.E.2d 756, 762 (Ind. 2009). 

[42] Regarding the statements made in the corrective action report, and the emails 

between the St. Mary’s employees, the designated evidence clearly 

demonstrates the statements were protected by qualified privilege. The 

communications were purely intracompany and directly related to Miranda’s 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 28 of 36

fitness for employment.6

 Despite the contentions in her complaint, in the 

designated evidence, Miranda admitted she had no evidence that the statements 

were relayed outside of the St. Mary’s system. The emails themselves also 

demonstrate that they remained inside the hospital system. In other words, the 

communications were relayed purely intracompany so that St. Mary’s could 

evaluate the work of its employees. 

[43] Ultimately, St. Mary’s, as Miranda’s employer, correctly considered the 

conduct of its employees as it relates to patient care. See Board of School Com’rs 

of City of Indianapolis v. Pettigrew, 851 N.E.2d 326, 331 (Ind. Ct. App. 2006) 

(stating that intracompany communications regarding the fitness of an 

employee are protected by qualified privilege “in order to accommodate the 

important role of free and open intracompany communications and legitimate 

human resource management needs”) (citations omitted), trans. denied. The 

designated evidence demonstrates that St. Mary’s kept these communications

within the system. Accordingly, Defendants proved that the qualified privilege 

protected the communications Miranda contends are defamatory. 

[44] Miranda also alleges that other statements, specifically about her employment 

status, were defamatory. At her deposition, Miranda claimed that Iwanus told 

a registration employee that Miranda was terminated “due to several write-

 

6 For this reason, we dismiss Miranda’s argument regarding a “missing email” authored by Iwanus. See 

Appellee’s Br. p. 19. Iwanus was a St. Mary’s employee, and accordingly, had she authored the email calling 

Miranda “unethical” instead of Grata, who appears to be the actual author of the email, the communication 

still would have been protected by qualified privilege. 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 29 of 36

ups.”7

 Appellants’ App. Vol. II p. 88. The designated evidence demonstrates 

that this is true. In March, Miranda was cited for improperly asking 

registration employees to delay “arriving” patient times, which Miranda 

admitted to doing. Miranda was subsequently cited twice in July for the same 

offense. “Truth is a complete defense in civil actions for defamation.” Melton v. 

Ousley, 925 N.E.2d 430, 437 (Ind. Ct. App. 2010). Miranda did in fact have 

more than one allegation of asking registration employees to delay “arriving” 

patient times, and the designated evidence demonstrates as much. 

[45] Accordingly, Defendants established that there were no genuine issues of 

material fact and that they were entitled to judgment as a matter of law on the 

issues of libel, slander, and defamation. The trial court erred in failing to grant 

summary judgment in favor of Defendants on these counts. 

C. Negligence 

[46] Defendants also contend the trial court erred by denying their motion for 

summary judgment on Miranda’s claims of negligence. Miranda’s negligence 

claim alleges that Defendants, and specifically Iwanus, owed Miranda “a duty 

to act reasonably under the circumstances.” Appellants’ App. Vol. II p. 18. 

Miranda claims that Iwanus breached that duty by: 

 

7 Miranda learned this from one of her former co-workers who repeated the statement to Miranda. 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 30 of 36

i. Disseminating false information imputing negative light 

upon [Miranda’s] professional reputation; 

ii. Falsifying reports regarding [Miranda’s] work-product; 

[and]

iii. Harassing and harrying [Miranda] during [Miranda’s] 

employment with Community and/or St. Mary’s.

Id. As a result, Miranda alleges that she suffered humiliation, reputational 

harm, loss of employment with Community and/or St. Mary’s, pain and 

suffering, and that her nursing license was jeopardized. See id. Finally, due to 

Iwanus’ employment with St. Mary’s and/or Community, Miranda contends 

that St. Mary’s and Community are liable under the doctrine of respondeat 

superior. See id. at 19. Miranda also contends that St. Mary’s and Community 

breached a duty owed to Miranda by: 

i. Disseminating false information imputing negative light 

upon [Miranda’s] professional reputation; 

ii. Negligently failing/refusing to abide by rules and 

regulations ratified by St. Mary’s and/or Community 

regarding Corrective Action; 

iii. Terminating its employment with [Miranda] without a 

thorough investigation; 

iv. Negligently relying and disseminating false information in 

conjunction with its termination of [Miranda].
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 31 of 36

Id.

[47] Defendants argue that Miranda’s “allegations are an artful attempt to 

circumvent her status as an at-will employee under Indiana law and do not 

stated [sic] a cognizable claim under Indiana law.” Appellants’ Br. p. 16. 

Further, Defendants argue that, “As for the duty of reasonable care, 

[Defendants] can find no case that imposes such a duty on an employer, save 

for the duty to provide a safe workplace, not at issue in this case.” Id. 

[48] In her brief, Miranda does not appear to make a separate negligence argument, 

but instead incorporates the argument into her claim of defamation. 

Specifically, Miranda argues: 

Should this court determine that the above facts do not constitute 

actionable defamation of character, they most certainly establish 

the claim of negligent misrepresentation. Pursuant to the 

Restatement (Second) of Torts Sec. 552 (1997): “One who, in the 

course of his business, profession, or employment, or in any 

other transaction in which he has a pecuniary interest, supplies 

false information for the guidance of others in their business 

transactions, is subject to liability for pecuniary loss caused by 

them by their justifiable reliance upon the information.” 

Id. at 24. Miranda then goes on to continue her argument related to 

defamation. 

[49] We assume that Miranda is arguing the tort of negligent misrepresentation. 

Negligent misrepresentation has been applied in the employer-employee 

context, but not in the way in which Miranda alleges. “[I]n order to establish 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 32 of 36

negligent misrepresentation, a plaintiff must establish that the person making 

the representations was under a duty not to misrepresent the information.” 

Darst v. Illinois Farmers Ins. Co., 716 N.E.2d 579, 584 (Ind. Ct. App. 1999). 

“Thus, we can only assume that both the breach of a duty to provide accurate 

information and negligent misrepresentation would be established by a showing 

that a person, under a duty to supply accurate information, fails to exercise 

reasonable care in doing so and as a result the plaintiff, who justifiably relied on 

the information, was damaged.” Id. at 584-85. 

[50] First, the designated evidence demonstrates that Miranda admitted, at least 

once, to the misconduct of which she was accused and that she asked 

registration employees to delay “arriving” patient times. On this alone, 

Miranda cannot prove that Defendants supplied false information. Regardless, 

negligent misrepresentation between an employee and employer does not apply 

in this context. In Darst, our court summarized our previous decision in Eby, 

where: 

an employee sought damages from his employer for negligent

misrepresentation after the employer falsely represented that 

there was a job for the employee in Florida, causing the 

employee and his wife to relocate from Indiana to Florida. Upon 

his arrival in Florida, the employee was told that there was no 

employment for him. . . . The court determined that the 

employer had a duty to its employee, and found that the facts 

could constitute a breach thereof in conformance with the tort of 

negligent misrepresentation.
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 33 of 36

Darst, 716 N.E.2d at 583-84 (citing Eby v. York-Division, Borg-Warner, 455 

N.E.2d 623, 629-30 (Ind. Ct. App. 1983)) (internal citations omitted), trans. 

denied. 

[51] Miranda’s case is distinguishable from Eby in that she has not alleged that she

detrimentally relied on any false statements made by her employer. The tort of 

negligent misrepresentation cannot be extended to the facts of this case. 

Accordingly, Defendants established that there were no genuine issues of 

material fact and that they were entitled to judgment as a matter of law on the 

issue of negligence. The trial court erred in failing to grant summary judgment 

in favor of Defendants on these counts. 

D. Tortious Interference with Contractional Relationship/Business 

Relations 

[52] Miranda’s tortious interference claims appear to be directed at Iwanus. 

Miranda alleges that she had a contract with St. Mary’s and Community, of 

which Iwanus was aware, and that Iwanus induced a breach of contract by 

making false statements about Miranda. Alternatively, Miranda claims that a 

valid business relationship existed between Miranda and St. Mary’s and 

Community, that Iwanus was aware of this business relationship, and that

Iwanus intentionally interfered with that relationship. Miranda argues that her 

damages based upon termination of employment, consisted of reduced wages in 

subsequent employment, substantial reputational harm, pain and suffering, and

emotional distress. 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 34 of 36

[53] Because we have concluded that Miranda did not have a contract for 

employment, we need only evaluate Miranda’s tortious interference claim with 

regard to her potential business relations. “An at-will employee ‘must be able 

to expect that his continued employment depends on the will of his employer 

and not upon the whim of a third[]party interferer.’” Boys and Girls Clubs of 

Northwest Indiana, 845 N.E.2d at 138 (quoting Bochnowski v. Peoples Fed. Sav. & 

Loan Ass’n, 571 N.E.2d 282, 285 (Ind. 1991)). “Such an employee may bring a 

claim for tortious interference provided that, in addition to demonstrating the 

standard elements of the tort, she is ‘prepared to show that the defendant 

interferer acted intentionally and without a legitimate business purpose.’” Id. 

[54] First, we note that no evidence exists that Iwanus interfered with Miranda’s 

business relationship. While Miranda claims that Iwanus authored an email 

that called Miranda “unethical,” it was demonstrated that Grata referred to

Miranda’s conduct as “unethical;” not Iwanus. See Appellants’ App. Vol. III p. 

189. Miranda cannot attempt to create a genuine issue of material fact with 

regard to Iwanus’ authorship of the email by merely stating as much. See Beatty 

v. LaFountaine, 896 N.E.2d 16, 20 (Ind. Ct. App. 2008) (“guesses, supposition, 

and conjecture are not sufficient to create a genuine issue of material fact to 

defeat summary judgment”) (citations omitted), trans. denied. 

[55] Furthermore, the designated evidence demonstrates that Miranda was 

terminated for violating a St. Mary’s policy that jeopardized patients on more 

than one occasion by asking registration employees to delay “arriving” patient 

times. The designated evidence indicates that the decision to terminate 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 35 of 36

Miranda was entirely the decision of the employer and was not induced by a 

third-party interferer. Accordingly, Defendants established that there were no 

genuine issues of material fact and that they were entitled to judgment as a 

matter of law on the issue of tortious interference. The trial court erred in 

failing to grant summary judgment in favor of Defendants on these counts. 

[56] Finally, we note that Miranda cannot succeed on her injunctive relief claim, 

because she has failed on the merits here. It appears that some of Miranda’s 

requests for injunctive relief are only for temporary relief during the pendency 

of this action, whereas other requests are for a more permanent solution. In 

either case, an individual must prove that they are either likely to be successful 

on the merits, for temporary injunctions, or were successful on the merits, for 

permanent injunctions. See Ferrell v. Dunescape Beach Club Condominiums Phase I, 

Inc., 751 N.E.2d 702, 712-13 (Ind. Ct. App. 2001). Because Defendants have 

succeeded on each of Miranda’s claims, she is not entitled to injunctive relief 

because she cannot prove that she is likely to be or has been successful on the 

merits. 

[57] Defendants were entitled to summary judgment on all of Miranda’s claims 

based on the designated evidence. We note that the trial court issued a brief 

order denying summary judgment and certified the order for interlocutory 

appeal sua sponte to “allow” this court to “deal with” the legal issues 

surrounding summary judgment. Summary Judgment Tr. p. 18. We are 

perplexed by the trial court’s statement that he would “give [this court] work[,]” 

shirking its duties and essentially punting to this court to serve as the court of 
Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 36 of 36

first review. Id. That is not the role of our court. The trial court erred by 

denying Defendants’ motion for summary judgment.

Conclusion

[58] There are no genuine issues of material fact, and the Defendants are entitled to 

judgment as a matter of law. The trial court erred by denying Defendants’ 

motion for summary judgment. Accordingly, we reverse and remand. 

[59] Reversed and remanded. 

Baker, J., and May, J., concur.