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HINKLE v. NIEHAUS LUMBER CO.

No. 63S04-8807-CV-637.

525 N.E.2d 1243 (1988)

Kelly E. HINKLE, Appellant, v. NIEHAUS LUMBER COMPANY, Appellee.

Supreme Court of Indiana.

July 18, 1988.

Attorney(s) appearing for the Case

Bruce A. Smith, Washington, for appellant.

Stephen Hensleigh Thomas, Statham McCray Thomas & Krohn, Evansville, for appellee.

James R. Fisher, Robert B. Clemens, Ice Miller Donadio & Ryan, Indianapolis, amici curiae, for Indiana Retail Council, Inc., Indiana Lumber & Builders Supply Ass'n, and Ins. Institute of Indiana.

ON CIVIL PETITION TO TRANSFER

DICKSON, Justice.

Defendant-appellee Niehaus Lumber Company (Niehaus) obtained a summary judgment in a products liability case brought by plaintiff-appellant Kelly E. Hinkle (Hinkle). The Court of Appeals reversed, finding that Niehaus failed to carry its burden at summary judgment to show an absence of evidence upon the factual question of whether Niehaus had a duty to warn. Hinkle v. Niehaus Lumber Co. (1987), Ind....

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