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SWANSON v. SHROAT

No. 2-374A64.

345 N.E.2d 872 (1976)

Phillip J. SWANSON, by Everett C. Swanson, Jr., As Next Friend, Everett C. Swanson, Jr., Plaintiff-Appellant, v. John H. SHROAT and Joan Shroat, Defendants-Appellees.

Court of Appeals of Indiana, Second District.

May 3, 1976.

Attorney(s) appearing for the Case

David B. Hughes, Indianapolis, for plaintiff-appellant.

William K. Byrum, William F. Diehl, Fulmer, Byrum & Gagnon, Indianapolis, for defendants-appellees.

SULLIVAN, Judge.

Plaintiff-appellant Everett C. Swanson, Jr. (Swanson) appeals from the granting of summary judgment in favor of defendants-appellees John H. and Joan Shroat (Shroats). Swanson filed his complaint in 1970 seeking damages for medical and hospital expenses and for the loss of services of his 10 year old son Phillip, who fell from a tree in the Shroats' yard.

The granting of a motion for summary judgment is appropriate "... if the pleadings, depositions...

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