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AYR-WAY STORES, INC. v. CHITWOOD

No. 1271A265.

292 N.E.2d 298 (1973)

AYR-WAY STORES, INC., the E.T. Rugg Company, Appellants (Defendants below), v. Randall Scott CHITWOOD, a Minor, by Michael T. Chitwood, His Next Friend, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied March 12, 1973.

Attorney(s) appearing for the Case

Keith C. Reese and William T. White, Jr., of Rocap, Rocap, Reese & Young, Indianapolis, for Ayr-Way Stores, Inc.

Emerson Boyd and Robert F. Zoccola, of Locke, Reynolds, Boyd & Weisell, Indianapolis, for The E.T. Rugg Co.

Forrest Bowman, Jr. and George E. Martz, of Martz, Bowman & Kammen, Indianapolis, Parr, Richey, Obremskey, Pedersen & Morton, Lebanon, for appellee.

LYBROOK, Judge.

This appeal arises from a damage action wherein the jury returned a verdict for $80,000 in favor of Plaintiff-Appellee, Randall Scott Chitwood (Chitwood) and against Defendants-Appellants, Ayr-Way Stores, Inc and The E.T. Rugg Company (Ayr-Way and Rugg). The judgment was for personal injuries caused by an allegedly defective lawn mower, manufactured by Rugg and sold to Chitwood's father by Ayr-Way.

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