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McKENNA v. CITY OF FORT WAYNE

No. 4-681A39.

429 N.E.2d 662 (1981)

Sean McKenna and John McKenna, Appellants (Plaintiffs below), v. CITY OF FORT WAYNE, Indiana and City of Fort Wayne Board of Park Commissioner, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied February 18, 1982.

Attorney(s) appearing for the Case

Thos. M. Moorhead, Robert E. Grant, Shoaff, Parker & Keegan, Fort Wayne, for appellants.

Robert E. Kabisch, Hunt, Suedhoff, Borror, Eilbacher & Lee, Fort Wayne, for appellees.

MILLER, Presiding Judge.

Plaintiff-appellants Sean and John McKenna are appealing an adverse summary judgment rendered in favor of defendant-appellees, City of Fort Wayne, Indiana, and City of Fort Wayne Board of Park Commissioners (City). Sean was injured by a falling limb from a tree in municipally-owned Foster Park. The issue raised on appeal by the McKennas presents us with the question whether the injury was the result of a "natural condition of unimproved property...

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