HARPER v. GUARANTEE AUTO STORES

No. 41A01-8712-CV-306.

533 N.E.2d 1258 (1989)

David H. HARPER, Appellant (Plaintiff below), v. GUARANTEE AUTO STORES, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

February 9, 1989.


Attorney(s) appearing for the Case

Tommy L. Strunk, Indianapolis, for appellant.

Peter G. Tamulonis, Donald L. Dawson, John B. Drummy, Robert J. Nice, Kightlinger & Gray, Indianapolis, for appellee.


ROBERTSON, Judge.

David H. Harper appeals a summary judgment entered in favor of defendant, Guarantee Auto Stores (Guarantee).1 We reverse because we find genuine issues of material fact.

The facts which the trial court had before it in ruling on the summary judgment show that an employee of Guarantee installed a tire on co-defendant Barbara Hacker's automobile and in so doing removed Hacker's spare tire and transferred it and...

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