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MILES v. CHRISTENSEN

No. 52A05-9907-CV-311.

724 N.E.2d 643 (2000)

Elmer E. MILES and Mary S. Miles, Appellants-Defendants, v. David CHRISTENSEN and Jo Ann Christensen as Personal Representatives of the Estate of Jason Christensen, Appellees-Plaintiffs.

Court of Appeals of Indiana.

February 29, 2000.

Attorney(s) appearing for the Case

Kent M. Frandsen, Robert J. Donahue, Parr Richey Obremskey & Morton, Lebanon, Indiana, Attorneys for Appellants.

Kevin P. Farrell, Cline Farrell Christie & Lee, Indianapolis, Indiana, Attorney for Appellees.

OPINION

MATTINGLY, Judge.

Appellants-Defendants Elmer E. Miles and Mary S. Miles ("the Mileses") bring an interlocutory appeal of the trial court's order denying their motion for summary judgment. They raise one issue that we restate as whether owners of rural land abutting a public roadway owe a duty to care for or remove decaying or dead trees located on their land so as to protect people traveling on the public roadway.

We affirm.

FACTS...

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