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KROGER CO. v. ESTATE OF HINDERS

No. 34A02-0112-CV-893.

773 N.E.2d 303 (2002)

The KROGER CO., d/b/a Kroger Rx, and Yolanta Simacek, Appellants-Defendants, v. The ESTATE OF John C. HINDERS, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 13, 2002.

Attorney(s) appearing for the Case

Peter H. Pogue, Donald B. Kite, Sr., Schultz & Pogue, LLP, Carmel, IN, Attorneys for Appellants.

Kenneth L. Andrews, Kokomo, IN, Attorney for Appellee.

OPINION

MATHIAS, Judge.

Kroger Co. d/b/a Kroger Rx ("Kroger") and Yolanda Simacek ("Simacek") appeal the Howard Circuit Court's order denying its Motion for Summary Judgment in favor of The Estate of John C. Hinders ("Hinders' Estate"). The two restated issues on appeal are:

I. Whether the trial court erred when it determined that the occurrence-based statute of limitations contained in Indiana Code section 34-11-2-3 did not apply to bar Hinders...

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