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HOLLOWELL v. MIDWEST SMORGASBORD, INC.

No. 1-385A62.

486 N.E.2d 16 (1985)

William R. HOLLOWELL, and Ella Mae Hollowell, Appellants (Plaintiffs below), v. MIDWEST SMORGASBORD, INC., d/b/a Duff's Famous Smorgasbord Restaurant, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

Rehearing Denied January 16, 1986.

Attorney(s) appearing for the Case

Kenneth A. Layton, David W. Paugh, Montgomery, Elsner & Pardieck, Seymour, for appellants (plaintiffs below).

Patrick W. Harrison, Beck & Harrison, Columbus, for appellee (defendant below).

ROBERTSON, Judge.

Appellant/plaintiff William Hollowell (Hollowell) brings this appeal following judgment in favor of defendant/appellee Midwest Smorgasbord, Inc., d/b/a Duff's Famous Smorgasbord Restaurant (Midwest). Judgment followed the granting of Midwest's Motion for Summary Judgment.

We reverse.

The facts, which are not in dispute, are that in the afternoon of August 17, 1983, Hollowell and his wife were dining at Duff's restaurant. After finishing...

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