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ALDANA v. SCHOOL CITY OF EAST CHICAGO

No. 45A05-0110-CV-440.

769 N.E.2d 1201 (2002)

Leo ALDANA, b/n/f Janette Aldana, Jennie Bell, b/n/f Avis Bell, Jorge Castillo, Jr., b/n/f Jorge Castillo, Daphne Espinoza, b/n/f Daphne Zaragoza, Crystal Fuentes, b/n/f Veronica Olvera, Kassandra Pezel, b/n/f Josefina Pezel, Jeremiah Reed, b/n/f Pauline Reed, Joseph Silvas, b/n/f Patricia Silvas, and Josefina Pezel, Individually, Appellants-Plaintiffs, v. SCHOOL CITY OF EAST CHICAGO and Earl Person, Appellees-Defendants.

Court of Appeals of Indiana.

June 19, 2002.

Attorney(s) appearing for the Case

Sterrence M. Rubino, Steven J. Sersic, Kevin C. Smith, Rubino & Crosmer, Dyer, IN, Attorneys for Appellants.

Melanie D. Pennycuff, Bruce P. Clark & Associates, Munster, IN, Attorney for Appellees.

OPINION

BARNES, Judge.

Case Summary

Plaintiffs, who consist of nine schoolchildren and one adult, appeal the judgment entered following a jury verdict in favor of Defendants, School City of East Chicago ("the City") and Earl Person, in a personal injury negligence action. We reverse and remand.

Issues

The issues before us are:

I. whether the trial court properly refused to instruct the jury on the doctrine of res ipsa...

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