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AYR-WAY STORES, INC. v. CHITWOOD

No. 873S162.

300 N.E.2d 335 (1973)

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

Supreme Court of Indiana.

Rehearing Denied October 3, 1973.

Attorney(s) appearing for the Case

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

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

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

HUNTER, Justice.

This is an action for personal injuries brought by Michael Chitwood on behalf of his four-year-old son against the manufacturer and seller of a power lawnmower. The jury returned a verdict in favor of the plaintiff in the sum of $80,000. Defendants appealed to the Court of Appeals for the First District. Ayr-Way Stores, Inc. v. Chitwood (1973), Ind. App., 292 N.E.2d 298.

The primary issue raised on appeal...

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