McGLOTHLIN v. M&U TRUCKING, INC.

No. 53S05-9510-CV-1217.

688 N.E.2d 1243 (1997)

Robert McGLOTHLIN, Appellant (Plaintiff Below), v. M & U TRUCKING, INC., Transamerica Leasing, Inc. and Southern Pacific Transportation Company, Appellees (Defendants Below).

Supreme Court of Indiana.

December 2, 1997.


Attorney(s) appearing for the Case

Bruce A. MacTavish, Pardieck, Gill & Vargo, Seymour, John H. Shean, Bloomington, for Appellant.

Stephen R. Pennell, Brent W. Huber, Stuart & Branigin, Lafayette, for appellees Transamerica Leasing, Inc. and Southern Pacific Transportation Company.

Thomas J. Belcher, Kelley Belcher & Brown, Bloomington, for appellee M & U Trucking, Inc.


ON PETITION TO TRANSFER

DICKSON, Justice.

When a defective chattel causes personal injury, should the legal duty owed by a supplier of the chattel rest upon whether the defect is considered "latent" rather than "patent"? We granted transfer to address the continued viability of the latent/patent distinction.

On February 26, 1990, the plaintiff, Robert McGlothlin, an employee of Thomson Consumer Electronics...

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