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SPIER BY SPIER v. CITY OF PLYMOUTH

No. 25A05-9111-CV-358.

593 N.E.2d 1255 (1992)

JEFFREY TODD SPIER, a Minor, BY His Father and Natural Guardian Christopher T. Spier and Christopher T. Spier in His Own Behalf, Appellant-Plaintiffs, v. The CITY OF PLYMOUTH, Indiana, Joseph Hartwell and Melanie L. White, Appellee-Defendants.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied August 3, 1992.

Attorney(s) appearing for the Case

Ralph R. Huff, Jones, Huff & Palmer, Plymouth, for appellant-plaintiffs.

Robert T. Keen, Jr., Larry L. Barnard, Miller, Carson & Boxberger, Fort Wayne, for appellee-defendants.

SHARPNACK, Judge.

Christopher Spier, in his capacity as parent and natural guardian of Jeffrey Spier and in his individual capacity, appeals the summary judgment entered by Fulton Circuit Court in favor of the defendant City of Plymouth. We reverse.

In this appeal the Spiers raise three issues, which we restate below:

1. Do the undisputed facts establish that the city had no constructive knowledge before the accident that the sign had rusted through...

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