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MORRIS v. SCOTTSDALE MALL PARTNERS, LTD.

No. 50A03-8709-CV-262.

523 N.E.2d 457 (1988)

James W. MORRIS and Monica R. Morris, Plaintiffs-Appellants, v. SCOTTSDALE MALL PARTNERS, LTD.; Scottsdale Mall; and Hacienda Restaurant, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

May 31, 1988.

Attorney(s) appearing for the Case

John C. Firth, Thomas C. Sopko & Associates, South Bend, for plaintiffs-appellants.

Edward N. Kalamaros, Peter J. Agostino, Edward N. Kalamaros & Associates, South Bend, for defendant-appellee Hacienda Restaurant.

HOFFMAN, Judge.

James W. Morris and Monica R. Morris appeal from the Marshall County Circuit Court's entry of summary judgment in favor of the Hacienda Restaurant.

The facts of this case, as taken most favorably to the Morrises' claim, are as follows: On December 21, 1984, James Morris went Christmas shopping at the Scottsdale Mall in South Bend. After the stores in Scottsdale Mall closed at 9:00 P.M., Morris patronized the Hacienda Restaurant, which is located...

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