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PLANT v. HOWARD JOHNSON'S MOTOR LODGE

No. 3-885 A 213.

514 N.E.2d 1048 (1987)

Christopher PLANT and Susannah Plant, Plaintiffs-Appellants, v. HOWARD JOHNSON's MOTOR LODGE, #294 Company and John Doe, the Clerk On Duty January 5, 1982, Whose True Christian Name Is Unknown, Defendants-Appellees.

Supreme Court of Indiana.

November 2, 1987.

Attorney(s) appearing for the Case

William T. Enslen, Enslen, Enslen & Matthews, Hammond, for plaintiffs-appellants.

Joseph Stalmack, Gavin, Stalmack, Kirschner & Clark, Hammond, for defendants-appellees.

ON PETITION TO TRANSFER

Transfer denied.

PIVARNIK, Justice, dissenting to denial of transfer.

I dissent to the majority's denial of transfer brought by Defendants-Appellees Howard Johnson's Motor Lodge. While I agree that entry of summary judgment by the trial court was inappropriate because of the particular facts of this case, I am disturbed by the holding of the Court of Appeals.

The Legislature has addressed an innkeeper's liability for...

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