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HOLIDAY RAMBLER CORP. v. GESSINGER

No. 50A03-8804-CV-105.

541 N.E.2d 559 (1989)

HOLIDAY RAMBLER CORPORATION AND UTILIMASTER CORPORATION, Appellants (Defendants below), v. Gregory GESSINGER, Appellee (Plaintiff below). Gregory S. Gessinger, Appellant (Plaintiff below), v. State of Indiana, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Transfer Denied December 21, 1989.

Attorney(s) appearing for the Case

R. Kent Rowe, R. Kent Rowe, III, Rowe, Foley & Huelat, South Bend, for appellants Holiday Rambler Corp. and Utilimaster Corp.

John D. Ulmer, Craig M. Buche, Yoder, Ainlay, Ulmer & Buckingham, Goshen, for Gregory S. Gessinger, appellant and appellee.

Linley E. Pearson, Atty. Gen., G. Richard Potter, Deputy Atty. Gen., Indianapolis, for appellee State of Ind.

GARRARD, Presiding Judge.

This is a consolidated appeal from the Marshall Circuit Court. Holiday Rambler Corporation and Utilimaster Corporation (Utilimaster) bring an interlocutory appeal from the trial court's denial of their motion for summary judgment. Gregory Gessinger is also appealing the trial court's grant of the State of Indiana's (State's) motion for summary judgment. We affirm.

On July 13, 1983, at approximately 3:05 p.m. Danny Slabaugh, an employee...

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