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SMITH v. AMLI REALTY CO.

No. 41A04-9209-CV-318.

614 N.E.2d 618 (1993)

Elizabeth A. SMITH, Next Best Friend of Lucas Christopher Smith, Appellants-Plaintiffs, v. AMLI REALTY CO., d/b/a the Sycamore Apartments, Appellee-Defendant.

Court of Appeals of Indiana, Fourth District.

May 27, 1993.

Attorney(s) appearing for the Case

Marvin E. Coffey and Ted D. Biggs, Indianapolis, for appellants-plaintiffs.

Thomas R. Schultz, Locke, Reynolds, Boyd & Weisell, Indianapolis, for appellee-defendant.

CONOVER, Judge.

Plaintiff-Appellant Elizabeth A. Smith, next friend of Lucas Christopher Smith (hereinafter, Lucas), appeals the trial court's grant of summary judgment in favor of Defendant-Appellee AMLI Realty Company, d/b/a The Sycamore Apartments.

We reverse.

Appellant raises the following restated issue for our review:

whether the trial court erred in finding Lucas incurred the risk of his injury as a matter of law.

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