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CLIPP v. WEAVER

No. 4-1281A192.

439 N.E.2d 1189 (1982)

Mary CLIPP, et al., Appellant-Plaintiff, v. Charles WEAVER, et al., Appellee-Defendant.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied October 22, 1982.

Attorney(s) appearing for the Case

William Wagner, Wagner, Cunningham, Vaughan, McLaughlin, Tampa, Fla., William J. Cohen, Slabaugh, Cosentino, Walker & Shewmaker, Elkhart, for appellant-plaintiff.

James H. Pankow, South Bend, for appellee-defendant.

CONOVER, Judge.

Mary Clipp, individually, and Ruth Joanne Clipp, as Administratrix of the Estate of Gerald Clipp, deceased (Clipp) appeal the Kosciusko Circuit Court's entry of summary judgment in favor of Charles Weaver (Weaver).

We reverse.

ISSUES1

1. What standard of care does a boat operator owe to his guest?

2. Did Weaver waive the standard of care issue for failing to raise it in his answer or at...

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