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P-M GAS & WASH CO., INC. v. SMITH

No. 2-1275A357.

383 N.E.2d 357 (1978)

P-M GAS & WASH COMPANY, Inc., an Indiana Corporation, Appellant and Cross-Appellee (Defendant below), v. Ronald SMITH b/n/f Clara Smith and Richard Smith, Appellees and Cross-Appellants (Plaintiffs below).

Court of Appeals of Indiana, Second District.

Rehearing Denied January 10, 1979.

Attorney(s) appearing for the Case

James J. Stewart, Richard S. Ewing, Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, for appellant and cross-appellee.

Daniel F. Cummings, Marcus C. Emery, Cummings & Emery, Indianapolis, for appellees and cross-appellants.

SULLIVAN, Judge.

This is a premises liability case in which Ronald Smith, by next friends Clara and Richard Smith, sought damages from P-M Gas & Wash Company, Inc. (P-M) for injuries allegedly sustained when the ten-year-old child's foot was caught in P-M's car wash conveyor mechanism. The jury returned a verdict in P-M's favor, but the trial court granted Smith's Motion to Correct Errors and order a new trial. P-M appealed this ruling and Smith cross-appealed...

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