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BRIAR v. ELDER-BEERMAN DEPT. STORE, INC.

No. 89A01-9403-CV-97.

645 N.E.2d 8 (1994)

Debbie BRIAR and Douglas Briar, On Behalf of Their Minor Child, Appellants-Plaintiffs, v. ELDER-BEERMAN DEPARTMENT STORE, Inc. and Design in Mind, Inc., Appellees-Defendants.

Court of Appeals of Indiana, First District.

Transfer Denied April 13, 1995.

Attorney(s) appearing for the Case

Tracy J. Newhouse, Rushville, for appellants.

Karl L. Mulvaney, Robert G. Weddle, Bingham, Summers, Welsh & Spilman, Indianapolis, for appellees.

OPINION

BAKER, Judge.

In this appeal, we examine what is necessary to survive summary judgment in a res ipsa loquitur case. Appellant-plaintiffs Debbie and Douglas Briar, on behalf of their minor child (the Briars), challenge the trial court's grant of summary judgment in favor of appellee-defendant Elder-Beerman Department Store, Inc. (Elder-Beerman), in the Briars' personal injury action.

FACTS

On December 1, 1990, the Briars were...

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