BABINCHAK v. TOWN OF CHESTERTON

No. 75A03-9112-CV-372.

598 N.E.2d 1099 (1992)

Ann BABINCHAK and Michael Babinchak, Appellants-Plaintiffs, v. The TOWN OF CHESTERTON, Appellee-Defendant.

Court of Appeals of Indiana, Third District.

September 10, 1992.


Attorney(s) appearing for the Case

David K. Galloway, Sr., Galloway & Jackson, Chesterton, for appellants-plaintiffs.

Bryce H. Bennett, Jr., Ryan L. Leitch, Riley Bennett & Egloff, Indianapolis, for appellee-defendant.


GARRARD, Judge.

This is an appeal from a summary judgment in favor of the Town of Chesterton. We affirm.

FACTS AND PROCEDURAL HISTORY:

On September 24, 1984, at approximately 1:00 P.M., Mrs. Ann Babinchak ("Babinchak") was walking along a sidewalk adjacent to 401 Broadway in the town of Chesterton, Indiana ("Chesterton"). It had rained the night before, leaving the grass slick and the dirt on the sidewalks muddy. While walking along a cracked and...

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