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BURGER v. NATIONAL BRANDS, FEATHERLITE MFG. DIV.

No. 3-774A126.

342 N.E.2d 870 (1976)

Floyd BURGER and Lorraine Burger, Plaintiffs-Appellants, v. NATIONAL BRANDS, Inc., FEATHERLITE Manufacturing Division, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

March 4, 1976.

Attorney(s) appearing for the Case

Robert L. Thompson, Hoffman, Moppert, Solomon, Miller & Thompson, Fort Wayne, for plaintiffs-appellants.

William E. Borror, Hunt, Suedhoff, Borror, Eilbacher & Lee, Fort Wayne, for defendant-appellee.

GARRARD, Judge.

Floyd Burger, one of the plaintiffs, was injured when a stack of patio doors fell over upon him while he was attempting to unload them from the defendant National's truck. At the conclusion of the presentation of Burger's evidence, the trial court granted National's motion for judgment on the evidence. This appeal challenges that result. We find on reversible error.

Before reviewing the evidence, we must first consider National's assertion...

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