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OUTBACK STEAKHOUSE OF FLORIDA v. MARKLEY

No. 18S04-0602-CV-66.

856 N.E.2d 65 (2006)

OUTBACK STEAKHOUSE OF FLORIDA, INC., Toncredi, Inc., and John Broz, d/b/a Outback Steakhouse of Muncie, Appellants (Defendants below), v. David D. MARKLEY and Lisa K. Markley, Appellees (Plaintiffs below).

Supreme Court of Indiana.

November 8, 2006.

Attorney(s) appearing for the Case

Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Bingham McHale, LLP, Indianapolis, IN, Attorneys for Appellants.

P. Gregory Cross, Michael J. Alexander, Donald K. McClellan, Muncie, IN, Attorneys for Appellees.

On Petition To Transfer from the Indiana Court of Appeals, No. 18A04-0401-CV-13.

BOEHM, Justice.

The plaintiffs' response to the defendants' discovery request failed to identify a critical witness whose identity was known to plaintiffs' counsel. Under the circumstances of this case we conclude that this omission, in concert with other acts and omissions attributable to plaintiffs' counsel, constituted misconduct requiring a new trial.

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