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TATE v. CAMBRIDGE COMMONS APARTMENTS

No. 49A05-9811-CV-550.

712 N.E.2d 525 (1999)

John TATE, Appellant-Plaintiff, v. CAMBRIDGE COMMONS APARTMENTS OF INDIANAPOLIS, Limited Partnership, Appellee-Defendant.

Court of Appeals of Indiana.

May 27, 1999.

Attorney(s) appearing for the Case

Kevin E. Deville, The Law office of Stanley Kahn, Indianapolis, Indiana, Attorney for Appellant.

Richard A. Cook, Skiles & Cook, Indianapolis, Indiana, Attorney for Appellee.

OPINION

BAKER, Judge

Appellant-plaintiff John Tate appeals from the trial court's grant of summary judgment in favor of appellee-defendant Cambridge Commons Apartments of Indianapolis (Cambridge Commons) on his complaint for negligence. Specifically, Tate argues that the enactment of the Comparative Fault Act1 superseded the application of §§ 343 and 343A of the Restatement (Second) of Torts (1965). Alternatively, Tate...

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