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RICHTER v. KLINK TRUCKING, INC.

No. 76A05-9204-CV-103.

599 N.E.2d 223 (1992)

Terry L. RICHTER, Jr. and Judith A. Richter, Husband and Wife; and Traci R. Richter, Nicholas L. Richter and Anna C. Richter, by Their Guardians, Terry L. Richter, Jr. and Judith A. Richter, Appellants-Plaintiffs, v. KLINK TRUCKING, INC., an Indiana Corporation, Appellee-Defendant.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied October 28, 1992.

Transfer Denied December 14, 1992.

Attorney(s) appearing for the Case

Stephen D. Trotter, Fort Wayne, Joe A. Rowe, Rowe, Laur & Associates, Kendallville, for appellants-plaintiffs.

Michael P. O'Hara, Gary J. Rickner, Barrett & McNagny, Fort Wayne, for appellee-defendant.

CONOVER, Judge.

Plaintiffs-Appellants Terry Richter, Jr. and his wife Judith appeal the trial court's grant of summary judgment in favor of Defendant-Appellee Klink Trucking.

Richter presents one issue for our review:

whether the trial court erred in granting summary judgment on the issue of liability when there were material issues of disputed fact which required resolution at trial. We reverse.

The Richters' cause of action arose...

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