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BENTON v. CITY OF OAKLAND CITY

No. 26S04-9803-CV-156.

721 N.E.2d 224 (1999)

Eva Marie BENTON as Parent and Natural Guardian of Jason K. Wildt, Minor and Jason K. Wildt, Minor, Appellant (Plaintiff below), v. CITY OF OAKLAND CITY, Indiana, Appellee (Defendant below).

Supreme Court of Indiana.

December 29, 1999.

Attorney(s) appearing for the Case

Richard C. Rusk, Washington, Indiana, Attorney for Appellant.

Jeffrey W. Henning, James D. Johnson, Evansville, Indiana, Attorneys for Appellee.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Attempting to rescue his drowning nephew, plaintiff Jason Wildt broke his neck when he dove into shallow water at defendant Oakland City's beach. He appeals lower court determinations that the city owed him no duty to warn of the danger. Finding that those courts incorrectly applied the admittedly confusing precedents governing this area of the law, we hold that the city owed the plaintiff such a duty.

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