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DZIERBA v. CITY OF MICHIGAN CITY

No. 46A03-0301-CV-34.

798 N.E.2d 463 (2003)

Gregory DZIERBA and Tammy Cuma, Appellants-Plaintiffs, v. CITY OF MICHIGAN CITY, Appellee-Defendant.

Court of Appeals of Indiana.

November 10, 2003.

Attorney(s) appearing for the Case

Martin W. Kus, Newby, Lewis, Kaminski & Jones, LLP, La Porte, IN, Attorney for Appellants.

Stacy J. Vasilak, Bruce P. Clark & Associates, Munster, IN, Attorney for Appellee.

OPINION

FRIEDLANDER, Judge.

Twelve-year-old Kyle Cuma was swept into Lake Michigan and drowned while attending Michigan City's Oktoberfest festival. His parents, Gregory Dzierba and Tammy Cuma (the Appellants), filed a wrongful death lawsuit against Michigan City (the City), among others. Michigan City filed a motion for summary judgment on the ground that it owed no duty to Kyle. The Appellants appeal from the...

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