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FUNSTON v. SCHOOL TOWN OF MUNSTER

No. 45A03-0402-CV-63.

822 N.E.2d 985 (2005)

Howard FUNSTON and Merry Funston, Appellants, v. SCHOOL TOWN OF MUNSTER, Kay-Jay Construction, Inc., Continental Leisure Sales, Inc., f/k/a Seavay Corporation, and AAU/Munster Basketball Club, Appellees.

Court of Appeals of Indiana.

Publication Ordered February 14, 2005.

Transfer Grnated June 1, 2005.

Attorney(s) appearing for the Case

Kenneth J. Allen, Michael T. Terwilliger, William James Lazarus, Kenneth J. Allen & Associates, P.C., Valparaiso, for Appellants.

Michael D. Sears, Maryann Kusiak McCauley, Singleton, Crist, Austgen & Sears, LLP, Munster, for Appellee School Town of Munster.

OPINION

KIRSCH, Chief Judge.

Howard Funston ("Howard") and his wife Merry Funston (collectively "the Funstons") appeal the trial court's summary judgment ruling in favor of the School Town of Munster ("the School") upon the Funstons' negligence claim, which ensued after Howard fell off the back of a set of portable aluminum bleachers while attending his minor son's basketball tournament at the School. We find the following issue dispositive: whether the...

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