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GULLETT BY GULLETT v. SMITH

No. 45A03-9308-CV-285.

637 N.E.2d 172 (1994)

SHAM YONNA GULLETT B/N/F JOHNNIE GULLETT AND JOHNNIE GULLETT, Individually, Appellants-Plaintiffs below, v. Cleveland SMITH and City of Gary, Indiana, Appellees-Defendants below. Twan Stokes, b/n/f Rosemary and William Stokes, and William and Rosemary Stokes, Individually, Appellants-Plaintiffs below, v. Cleveland Smith and City of Gary, Indiana, Appellees-Defendants below.

Court of Appeals of Indiana, Third District.

Transfer Denied November 4, 1994.

Attorney(s) appearing for the Case

Saul I. Ruman, Thomas A. Clements, David M. Hamacher, Ruman, Clements, Tobin & Holub, P.C., Hammond, for appellants.

Hamilton L. Carmouche, Gary, for appellees.

STATON, Presiding Judge.

Sham Yonna Gullett, Johnnie Gullett, Twan Stokes, Rosemary Stokes and William Stokes1 appeal the trial court's order granting summary judgment in favor of the City of Gary ("City"). They raise four issues for our review; however, we conclude the following (restated) issue is dispositive: whether there is a genuine issue of material fact as to the City's liability under the doctrine of respondeat superior.

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