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K MART CORP. v. BEALL

No. 49A02-9110-CV-00458.

620 N.E.2d 700 (1993)

K MART CORPORATION D/B/A BUILDER'S SQUARE, Inc., Appellant-Defendant, v. Kenneth C. BEALL and Gretchen Beall, Appellees-Plaintiffs.

Court of Appeals of Indiana, Second District.

Rehearing Denied September 16, 1993.

Attorney(s) appearing for the Case

Jim A. O'Neal, Michael A. Wilkins, Ice Miller Donadio & Ryan, Indianapolis, for appellant-defendant.

David L. Byers, Holwager & Holwager, Beech Grove, for appellees-plaintiffs.

SULLIVAN, Judge.

Appellant K-Mart Corporation d/b/a Builder's Square, Inc. (Builder's Square) appeals a jury verdict in favor of Kenneth Beall in the amount of $883,500.00 for personal injuries and resultant damages proximately caused by the negligence of Builder's Square. The issues presented upon appeal are restated as follows:

I. Whether the trial court erred by failing to properly instruct the jury upon the issues of incurred risk and contributory fault...

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