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POE v. TATE

No. 1-1273A216.

315 N.E.2d 392 (1974)

Kelley POE, d/b/a Kelley's Restaurant, Appellant (Defendant below), v. Edith TATE and Norris Tate, Appellees (Plaintiffs below).

Court of Appeals of Indiana, First District.

August 12, 1974.

Attorney(s) appearing for the Case

Richard L. Fairchild, Richard E. Aikman, Jr., Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, for appellant.

Lewellyn H. Pratt, Applegate, Pratt & Ream, Bloomington, for appellees.

LYBROOK, Judge.

Defendant-appellant Kelley Poe, d/b/a Kelley's Restaurant, appeals from a judgment on a jury verdict in favor of plaintiffs-appellees Edith and Norris Tate. The Tates recovered damages for injuries sustained by Mrs. Tate when she slipped and fell on an icy sidewalk adjacent to Kelley's Restaurant.

Poe presents two issues for our review:

(1) Whether the jury was properly instructed on the duty owed by a proprietor to his business invitees...

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