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SHAMBAUGH & SON, INC. v. CARLISLE

No. 02A03-9908-CV-325.

730 N.E.2d 796 (2000)

SHAMBAUGH & SON, INC., an Indiana corporation for profit; Koorsen Protective Service, Inc., an Indiana corporation for profit, Appellants-Defendants Below, and Abell Elevator International, Inc., a Kentucky corporation for profit, Defendant Below, v. David L. CARLISLE and Mary L. Carlisle, Appellees-Plaintiffs Below.

Court of Appeals of Indiana.

June 27, 2000.

Attorney(s) appearing for the Case

Dane L. Tubergen, Hunt Suedhoff, LLP, Fort Wayne, Indiana, Attorney for Appellant Koorsen Protective Service, Inc.

Steven J. Moss, Johnson Smith Pence & Heath LLP, Indianapolis, Indiana, Attorney for Appellant Shambaugh & Son, Inc.

C. Richard Marshall, Columbus, Indiana, Daniel A. Roby, Roby & Hood, Fort Wayne, Indiana, Attorneys for Appellees.

OPINION

SULLIVAN, Judge

Appellants, Shambaugh & Son, Inc. (Shambaugh) and Koorsen Protective Service, Inc. (Koorsen) appeal the trial court's denial of summary judgment.

We reverse.

The relevant facts reveal that on October 27, 1994, David Carlisle (Carlisle) was injured while he was a passenger in an elevator located in a building on the Indiana University-Purdue University at Indianapolis campus. Carlisle and another passenger were...

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