BALLER BY BALLER v. CORLE

No. 2-384-A-78.

490 N.E.2d 382 (1986)

CHARLES BALLER IV, BY His Parents, Natural Guardians, and Next Friend, Charles Baller III and Beverly Baller, and Beverly Baller and Charles Baller III, Appellants (Plaintiffs), v. Curtis W. CORLE; Habig Trucking and Excavating, Inc.; Northern Indiana Public Service Company; Fleming Excavating, Inc.; and City of Bluffton, Appellees (Defendants).

Court of Appeals of Indiana, Second District.

Rehearing Denied June 3, 1986.


Attorney(s) appearing for the Case

Charles R. Clark, Robert C. Beasley, Beasley, Gilkison, Retherford, Buckles and Clark, Muncie, Trent M. Patterson, Gallivan, Hamilton, Hamilton, Seese and Patterson, Bluffton, for appellants (plaintiffs).

William E. Borror, Thomas L. Wooding, Hunt, Suedhoff, Borror and Eilbacher, Fort Wayne, for appellees (defendants), Curtis W. Corle and Habig Trucking and Excavating, Inc.

William P. Wooden, Dale W. Eikenberry, Wooden, McLaughlin and Sterner, Indianapolis, for appellee (defendant), Northern Indiana Public Service Company.

John D. Walda, Ronald J. Ehinger, Barrett, Barrett and McNagny, Fort Wayne, for appellee (defendant), Fleming Excavating, Inc.

Arthur R. Kalleres, Scott A. Smith, Ice, Miller, Donadio and Ryan, Indianapolis, for appellee (defendant), City of Bluffton.


SULLIVAN, Judge.

Plaintiff-appellant Charles Baller IV (Chuck), a seven-year-old, along with his parents Charles Baller III (Chad) and Beverly Baller (Beverly) [hereinafter collectively referred to as the Ballers] acting in their own capacity and as the child's natural guardians and next friend, appeal from the jury verdict in favor of defendants-appellees Curtis Corle (Corle); Habig Trucking and Excavating, Inc. (Habig); the City of Bluffton (City); Northern Indiana...

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