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BUTLER v. CITY OF INDIANAPOLIS

No. 49S02-9605-CV-316.

668 N.E.2d 1227 (1996)

Jessica Ann BUTLER, Individually and by Next Friend, Celeste Butler, Kevin and Celeste Butler, Appellants (Plaintiffs below), v. CITY OF INDIANAPOLIS, Appellee (Defendant below).

Supreme Court of Indiana.

August 6, 1996.

Attorney(s) appearing for the Case

Larry A. Minnix, Linda B. Klain, Brattain, Minnix & Young, Indianapolis, for Appellant.

Scott R. Leisz, Jeffrey T. Bennett, McHale, Cook & Welch, Indianapolis, for Appellee.

On Petition To Transfer

DICKSON, Judge.

In this personal injury case, the trial court granted summary judgment for the defendant, and the Court of Appeals affirmed. Butler v. City of Indianapolis, 653 N.E.2d 501 (Ind.Ct.App.1995). We reverse.

The plaintiff, Jessica Ann Butler, a minor child, asserts that she was injured when she was walking home and stepped into an unmarked, unfilled hole near the Indianapolis...

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