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PERRY v. NORTHERN IND. PUB. SERV. CO.

No. 3-580A146.

433 N.E.2d 44 (1982)

James PERRY and Wilda Perry, Appellants-Plaintiffs v. NORTHERN INDIANA PUBLIC SERVICE COMPANY AND BABCOCK AND WILCOX COMPANY, Appellees-Defendants.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied April 16, 1982.

Transfer Denied July 9, 1982.

Attorney(s) appearing for the Case

George Kohl, Marvin Lopata, Raskosky & Kohl, Hammond, for appellants-plaintiffs.

David C. Jensen, Paul A. Rake, Eichhorn, Eichhorn & Link, Hammond, for appellees-defendants.

CONOVER, Judge.

Plaintiffs-appellants James and Wilda Perry appeal a summary judgment granted to defendant-appellee Northern Indiana Public Service Company (NIPSCO). The Perrys claim there are genuine issues of material fact concerning NIPSCO's liability for James' injury, sustained when he fell while working on new construction at a NIPSCO plant.

We affirm in part and reverse in part.

SCOPE OF REVIEW

The purpose underlying the summary judgment...

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