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STEWART v. STEWART

No. 64A03-8604-CV-109.

506 N.E.2d 1132 (1987)

Gerald STEWART, Appellant (Defendant below), v. Jeff STEWART, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

April 30, 1987.

Attorney(s) appearing for the Case

Mark A. Lienhoop, Gene M. Jones, Newby, Lewis, Kaminski & Jones, LaPorte, for appellant.

Nasrin Farahmand, Law Offices of George Livarchik, Chesterton, for appellee.

STATON, Judge.

Brothers Jeff and Gerald Stewart have each taken interlocutory appeals from rulings by the trial court in Jeff's negligence action resulting from his fall in Gerald's home. We address two issues:

(1) Did the trial court abuse its discretion by denying Jeff's motion to withdraw his admission that he was a licensee at the time of his fall? (2) Is mere negligence toward a licensee sufficient to impose premises liability on a landowner...

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