MUSGRAVE v. MADONNA

No. 2-974A229.

341 N.E.2d 789 (1976)

Glen MUSGRAVE, Appellant, v. John MADONNA and Rudy Gainer, Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied March 10, 1976.


Attorney(s) appearing for the Case

Robert Leirer Justice, Logansport, for appellant.

George R. Wildman, Miller, Tolbert, Hirschauer & Wildman, Logansport, for appellees.


SULLIVAN, Judge.

Plaintiff Musgrave appeals a summary judgment entered in favor of defendant Madonna. By that judgment, Madonna, an alleged absentee proprietor of a regular marathon poker game upon his premises, was exonerated from personal liability for an assault committed upon Musgrave, an observer of the game, by a participant in the presence of the alleged agent, partner, or employee of Madonna. It was the theory of the plaintiff Musgrave, as against Madonna...

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