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CZAJA v. CITY OF BUTLER

No. 92A03-9203-CV-85.

604 N.E.2d 9 (1992)

Karen A. CZAJA, Joseph J. Czaja, Michael Czaja by Next Friend Joseph J. Czaja and Melissa Czaja by Next Friend Joseph J. Czaja, Appellants-Plaintiffs, v. CITY OF BUTLER, State of Indiana and Indiana Department of Highways, Appellees-Defendants.

Court of Appeals of Indiana, Third District.

December 8, 1992.

Attorney(s) appearing for the Case

Timothy A. Miller, Grimm & Grimm P.C., Auburn, for appellants-plaintiffs.

Robert T. Keen, Jr., Diana C. Bauer, Miller Carson & Boxberger, Fort Wayne, for appellees-defendants.

GARRARD, Judge.

Karen and Joseph Czaja filed a negligence claim against the City of Butler, the State of Indiana and the Indiana Department of Highways. The Whitley Circuit Court granted summary judgment in favor of the city and the Czajas appeal.

The Czajas live on U.S. Highway 6 in Butler, Indiana. There were three trees located on State of Indiana right-of-way in the front yard of their home. On January 25, 1990 two severe storms blew through the city....

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