RICHARDSON v. MARRELL'S INC.

No. 64A03-8806-CV-194.

539 N.E.2d 485 (1989)

Gary RICHARDSON, Appellant (Plaintiff below), v. MARRELL's INC., H. Ray Marrell, d/b/a Marrell's Restaurant, and Laura Marrell, d/b/a Marrell's Restaurant, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

June 12, 1989.


Attorney(s) appearing for the Case

Saul I. Ruman, Thomas A. Clements, David M. Hamacher, Saul I. Ruman & Associates, Hammond, Ind., for appellant.

Herbert K. Douglas, Brian J. Hurley, Douglas, Douglas & Hurley, Valparaiso, Ind., for appellees.


STATON, Judge.

Gary Richardson appeals the trial court's entry of judgment on the evidence in favor of Marrell's, Inc. (Marrell's). The trial court entered judgment at the close of plaintiff's case on the basis that Richardson incurred the risk of injury as a matter of law. Pursuant to the Order Upon Pre-Appeal Conference Call, the sole issue is whether Richardson incurred the risk as a matter of law.

We reverse.

Richardson was employed by Applewood...

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