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DUDLEY SPORTS CO. v. SCHMITT

No. 1170A193.

279 N.E.2d 266 (1972)

DUDLEY SPORTS CO., Inc., Appellant (Defendant below), v. Lawrence Robert SCHMITT b/n/f Joseph Schmitt, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied April 4, 1972.

Attorney(s) appearing for the Case

Peter B. Stewart and James J. Stewart of Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, for appellant.

John T. Hume, III, of Smith & Jones, Jesse W. Peden, Indianapolis, for appellee.

BUCHANAN, Judge.

STATEMENT OF THE CASE AND FACTS — This is an appeal of a personal injury products liability case (baseball pitching machine) by the defendant-appellant, Dudley Sports Co., Inc. of New York (Dudley), from a jury verdict awarding $35,000.00 to the plaintiff-appellee, Lawrence Schmitt (Schmitt).

On March 24, 1965, Danville High School (the High School) purchased an automatic baseball pitching...

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