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BARTON-MALOW CO., INC. v. WILBURN

No. 92S03-9007-CV-450.

556 N.E.2d 324 (1990)

BARTON-MALOW COMPANY, Inc., and General Motors Corporation, Appellants (Defendants below), v. Janet G. WILBURN, Individually and As Guardian of the Person and Estate of Bill E. Wilburn, Wendy Wilburn, and Seth Wilburn, Appellees (Plaintiffs below).

Supreme Court of Indiana.

July 6, 1990.

Attorney(s) appearing for the Case

Thomas W. Belleperche, Branch R. Lew, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for appellants.

William F. Conour, Thomas C. Doehrman, Conour and Doehrman, Indianapolis, for appellees.

DICKSON, Justice.

Following denial of their motion for summary judgment, appellants Barton-Malow Company, Inc., and General Motors Corporation (hereafter "Barton-Malow") brought an interlocutory appeal. The Court of Appeals affirmed in part and reversed in part. Barton-Malow Co., Inc. v. Wilburn (1989), Ind. App., 547 N.E.2d 1123. The plaintiffs-appellees (hereafter "Wilburns") petition for transfer. Rephrased, the following...

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