ASSOCIATES CORP. OF NORTH AM. v. SMITHLEY

No. 35A05-9303-CV-106.

621 N.E.2d 1116 (1993)

THE ASSOCIATES CORPORATION OF NORTH AMERICA AND DARRYL WEBB, Appellants-Defendants, v. Shelly SMITHLEY, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

September 20, 1993.


Attorney(s) appearing for the Case

Mark A. Garvin, D. Randall Brown, Barnes & Thornburg, Fort Wayne, for appellants-defendants.

Joseph Christoff, Christoff & Christoff, Fort Wayne, for appellee-plaintiff.


BARTEAU, Judge.

The Associates Corporation of North American (ACONA) and Darryl Webb (collectively referred to as ACONA) appeal the denial of their motions for partial summary judgment on Shelly Smithley's claims of assault and battery and defamation. Restated, the issues which have been certified for this appeal are:

I. Whether the court should have granted summary judgment on Smithley's allegations of defamation where the undisputed evidence is that the...

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