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WALTERS v. KELLAM & FOLEY

No. 2-373A64.

360 N.E.2d 199 (1977)

Donald M. WALTERS and Jessie I. Walters, Appellants (Plaintiffs below), v. KELLAM & FOLEY et al., Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

Rehearing Denied March 23, 1977.

Attorney(s) appearing for the Case

Charles S. Gleason, Gleason, Woods & Johnson, Indianapolis, for appellants.

Erle A. Kightlinger, Howard J. DeTrude, Jr., Donald Dawson, Kightlinger, Young, Gray & DeTrude, Indianapolis, for Modine Mfg. Co., and Fink & Kress.

Hugh Watson, Locke, Reynolds, Boyd & Weisell, for Kellam & Foley and Mussett, Nicholas & Stevenson, Inc.

John A. Young, John D. Cochran, Jr., Rocap, Rocap, Reese & Young, Indianapolis, for Burton Plumbing-Heating Co., Inc.

Jim A. O'Neal, James R. Fisher, Ice, Miller, Donadio & Ryan, Indianapolis, for Glenroy Const. Co., Inc.

SULLIVAN, Judge.

Donald Walters, a sheetmetal worker, was injured on May 28, 1969, while he was installing certain duct work above a heating and ventilating unit in a gymnasium building. He was positioned on top of the unit and, in the course of his work, dropped a tool, which fell into the unit, coming to rest on the bottom panel. To retrieve the tool, Walters lowered himself into the unit, placing his feet on the same bottom panel. The panel broke loose, and he...

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