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BORTON v. LAVENDUSKEY

No. 4-485A90.

486 N.E.2d 639 (1985)

James BORTON, Linda Borton, and Robert Ackley, Appellants (Plaintiffs below), v. Jack LAVENDUSKEY and Violet Lavenduskey, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

December 23, 1985.

Attorney(s) appearing for the Case

James J. Olson, Mishawaka, for appellants.

Edward N. Kalamaros, Thomas Cohen, Edward N. Kalamaros & Associates Professional Corp., South Bend, for appellees.

CONOVER, Judge.

Plaintiff-appellant, James Borton (Borton) appeals an order granting summary judgment favoring defendants-appellees Violet Lavendusky, and Violet Lavendusky as successor in interest to Jack Lavendusky (Lavenduskys) in a personal injury action arising from Borton being kicked by the Lavenduskys' steer.

We reverse.

ISSUE

The sole issue raised here is whether the trial court erred in granting the Lavenduskys' motion for summary...

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