May, J.
In this interlocutory appeal, ONB Insurance Group, Inc., d/b/a Old National Insurance, and Joseph E. Kenworthy (collectively, “ONI”) appeal the trial court’s denial of their motion for partial summary judgment in favor of The Estate of Joann Marie Megel, Deceased; the Estate of Edward J. Megel, Deceased; Darcy Megel; Nicholas Megel; Christina Megel; (collectively, “the Megel Parties” and Amy Jones (“Jones”) (collectively, “the Accident Parties”). ONI presents multiple issues for our review, which we restate as:
1. Whether, as a matter of law, the Accident Parties can establish ONI owed them a common law duty;
2. Whether, as a matter of law, ONI assumed a duty to the Accident Parties; and
3. Whether ONI conspired with or aided and abetted an insured’s violation of the terms of the Federal Motor Carrier Safety Regulations (“FMCSR”).
We reverse and remand.
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On December 19, 2016, ONI filed renewed motions for summary judgment against the Megel Parties and Jones. The renewed motions were based on the Indiana Supreme Court’s holding in Goodwin v. Yeakle’s Sports Bar and Grill, Inc., 62 N.E.3d 384 (Ind. 2016). The Goodwin court stated, regarding a trial court’s analysis of foreseeability of an injury for purposes of allocating duty, that the “court is tasked with engaging in a general analysis of the broad type of plaintiff and harm involved without regard to the facts of the actual occurrence.” Id. at 394. Based thereon, ONI argued the evidentiary material designated as part of Accident Parties’ responses to ONI’s earlier motion for summary judgment
focused on the actual facts of the transactions and events that Plaintiffs contend led to the accident at issue. Under Indiana law as articulated by Goodwin, Plaintiffs’ argument was wrong as a matter of law, and the extensive evidentiary material Plaintiffs relied upon to oppose summary judgment was immaterial and irrelevant on summary judgment.
(App. Vol. XVIII at 59.) In response, the Accident Parties filed a motion opposing ONI’s renewed motion for summary judgment and argued a duty of care existed under Goodwin, ONI assumed a duty, ONI owed a statutory duty of care, and ONI was liable for aiding, abetting, and conspiracy.
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Under certain circumstances, our Indiana Supreme Court has held a sufficient relationship exists between strangers to impose a common law duty…ONI contends there is no relationship between ONI and the Accident Parties. We agree. [Footnote omitted.]
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It is undisputed that there is no direct relationship between ONI and the Accident Parties. It is true ONI was involved with the procurement of insurance for C&K; however, the trial court found, when granting summary judgment in favor of ONI, that ONI did not make any material misrepresentations to Occidental in the process of procuring insurance for C&K. ONI also supplied information to the federal government to assist C&K in obtaining an operating license, though only insomuch as to indicate whether C&K had insurance. The accident did not happen on ONI’s land, nor did it involve an ONI employee or vehicle. Like in Staggs, ONI offered a service to a client to aid in the procurement of another service, after which an accident occurred. We hold this factor weighs against a duty.
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…The broad plaintiffs here are motorists, the defendants are an insurance agency and its agent, and the type of harm involved was a multi-vehicle collision caused by faulty brakes on a large tractor-trailer. We hold the insurance agency and its agent, who had no role whatsoever in the decision to put the vehicle on the road in its condition, could not foresee that its actions relevant to this matter, which are only answering questions regarding whether their client had insurance coverage, would result in injury to a motorist. [Footnote omitted.] This factor weighs against finding duty.
The final factor in the Goodwin test is the public policy consideration of “who is, or should be, in the best position to prevent injury and how society should allocate the costs of such injury.” Cox v. Stoughton Trailers, Inc., 837 N.E.2d 1075, 1080 (Ind. Ct. App. 2005)… Here, the entities best suited to prevent injury to a motorist were Hackney, who drove the truck that caused the accident even though he knew of its defective brakes, and C&K, which owned the truck. As ONI had no control over the actual means by which the accident occurred, this factor weighs against finding ONI had a duty to the Accident Parties.
All three of the factors we are to consider when determining whether one party owed a common law duty to another party weigh in favor of holding ONI did not owe a duty to the Accident Parties. Therefore, we conclude the trial court erred when it denied ONI’s renewed motion for summary judgment on the issue of whether ONI owed the Accident Parties a common law duty.
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Here, ONI’s “undertakings” were helping C&K obtain insurance, engaging C&K in training, and answering questions truthfully concerning whether C&K had insurance in order for C&K to obtain its federal operating authority. ONI contends those undertakings were provided to C&K, not the Accident Parties, and thus no assumed duty exists “because Plaintiffs had no connection whatsoever to ONI’s provision of those services.” (Br. of Appellants at 31.) We agree.
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ONI did not owe the Accident Parties a common law duty, ONI did not assume a duty, and no statutory duty existed. Nor can ONI be liable for aiding, abetting, or conspiring when the Accident Parties did not allege a corresponding tort ONI was to aid, abet, or conspire to commit. Because all those theories of liability fail, the trial court erred when it denied ONI’s motion for summary judgment. Accordingly, we reverse and remand for proceedings consistent with this opinion.
Reversed and remanded.
Riley, J., and Altice, J., concur.