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SCHULTZ v. HODUS

No. 64A03-8808-CV-252.

535 N.E.2d 1235 (1989)

George SCHULTZ, Appellant (Plaintiff below), v. Thad B. HODUS, Phyllis T. Kinder, B & O Railroad, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied June 8, 1989.

Attorney(s) appearing for the Case

Barry D. Rooth, Theodoros, Theodoros & Rooth, Merrillville, Douglas E. Johnston, Tourkow, Crell, Rosenblatt & Johnston, Fort Wayne, for appellant.

Samuel J. Bernardi, Gregory J. Tonner, Robert J. Dignam, Spangler, Jennings, Spangler & Dougherty, P.C., Valparaiso, for Phyllis T. Kinder.

Leonard M. Holajter, Friedrich, Bomberger, Tweedle & Blackmun, P.C., Highland, for Baltimore & Ohio RR.

STATON, Judge.

George Schultz appeals the trial court's granting of summary judgment in favor of the Baltimore & Ohio Railroad Company (Railroad) and Phyllis Kinder on his amended complaint for damages. This appeal raises two issues:

1. Whether a genuine issue of material fact exists as to whether the Railroad failed to provide him with a safe place to work. 2. Whether a genuine issue of material fact exists as to whether Kinder negligently...

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