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MULLIN v. MUNICIPAL CITY OF SOUTH BEND

No. 71A03-9210-CV-350.

618 N.E.2d 42 (1993)

Jeri A. MULLIN, Individually, and Jeri A. Mullin, As Custodial Parent of Minor Child Kathleen Mullin, and Jeri A. Mullin, As Custodial Parent of Deceased Minor Child Shawn Mullin, Appellants-Plaintiffs below, v. The MUNICIPAL CITY OF SOUTH BEND, Its Agents and Employees, Appellees-Defendants below.

Court of Appeals of Indiana, Third District.

Rehearing Denied September 23, 1993.

Attorney(s) appearing for the Case

Robert D. Lee and William T. Webb, Hardig, Lee & Groves, South Bend, for appellants-plaintiffs.

Robert C. Rosenfeld, South Bend, for appellees-defendants.

STATON, Judge.

Jeri Mullin appeals the trial court's grant of summary judgment in favor of the city of South Bend, Indiana ("city") in Mullin's negligence action. Although Mullin raises three issues for our review, the following, restated issue is dispositive: whether the trial court erred in granting summary judgment in favor of the city based upon a lack of a special duty or relationship with Mullin and her children.

We affirm.

On June 24, 1984,...

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