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FAWLEY v. MARTIN'S SUPERMARKETS, INC.

No. 43A03-9209-CV-303.

618 N.E.2d 10 (1993)

Terry FAWLEY, Individually and As the Natural Father and Next Friend of Jacob Fawley and Amanda Fawley, and Patsy Fawley, Appellants-Plaintiffs, v. MARTIN's SUPERMARKETS, INC., Appellee-Defendant.

Court of Appeals of Indiana, Third District.

Transfer Denied October 14, 1993.

Attorney(s) appearing for the Case

R. William Jonas, Jr., Joseph L. Amaral, Hammerschmidt, Amaral & Jonas, South Bend, for appellants-plaintiffs.

R. Kent Rowe, R. Kent Rowe III, Gregory J. Haines, Rowe, Foley & Associates, South Bend, for appellee-defendant.

HOFFMAN, Judge.

Appellants-plaintiffs Terry Fawley, individually and as the natural father and next friend of Jacob and Amanda Fawley, and Patsy Fawley (collectively the Fawleys) appeal the trial court's entry of summary judgment in favor of Martin's Supermarkets Inc. (Martin's).

The facts pertinent to the appeal disclose that at approximately 3:30 P.M. on May 2, 1990, Patsy Fawley and her two children, Jacob and Amanda, left Martin's where they had just purchased...

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