WALLING v. APPEL SERVICE CO., INC.

No. 73A01-9312-CV-416.

641 N.E.2d 647 (1994)

Douglas and Barbara WALLING, Individually and As Parents and Next Friends of Adam and Ann Walling, Their Minor Children, Appellants-Plaintiffs, v. APPEL SERVICE COMPANY, Inc. D/B/a Appel Heating and Air Conditioning Company, Appellee-Defendant.

Court of Appeals of Indiana, First District.

October 19, 1994.


Attorney(s) appearing for the Case

Richard N. Bell, Gregory L. Laker, Cohen & Malad, P.C., Indianapolis, for appellants.


OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Douglas and Barbara Walling appeal from the trial court's entry of partial summary judgment in favor of Appel Service Company, Inc. Appel pumped over 500 gallons of fuel oil into the basement of the Wallings' home after the driver of its delivery truck mistook the Wallings' home for a residence two streets away which was scheduled to receive the oil. The Wallings filed suit against Appel and, after twice...

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