EMBER v. B.F.D., INC.

No. 2-883-A-291.

521 N.E.2d 981 (1988)

Roger EMBER and Jane Ember, Appellants (Plaintiffs), v. B.F.D., INC., Appellee (Defendant).

Court of Appeals of Indiana, Second District.

April 21, 1988.


Attorney(s) appearing for the Case

Earl Raskosky, Fort Wayne, for appellants.

John F. Lyons, John M. Clifton, Jr., Thomas M. Kimbrough, Barrett, Barrett and McNagny, Fort Wayne, for appellee.


ON REHEARING

BUCHANAN, Judge.

As author of Ember v. B.F.D., Inc. (1986), Ind. App., 490 N.E.2d 764, I would modify the opinion by omitting that part which states that "we ground our reversal of the summary judgment solely on the basis of the failure to take into account the possible assumption of a gratuitous duty to protect persons outside the Pub's premises... ." id. at 771. Also, I would ground our reversal...

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