FIORETTI v. AZTAR INDIANA GAMING CO., LLC

No. 82A04-0211-CV-556.

790 N.E.2d 587 (2003)

Joseph A. FIORETTI, Appellant-Plaintiff, v. AZTAR INDIANA GAMING CO., LLC, d/b/a Casino Aztar, and Ben McCarthy, Appellees-Defendants.

Court of Appeals of Indiana.

June 26, 2003.


Attorney(s) appearing for the Case

Robert R. Faulkner, Evansville, IN, Attorney for Appellant.

Patrick A. Shoulders, David A. Guerrettaz, Rhonda Y. Miller, Ziemer, Stayman, Weitzel & Shoulders, Evansville, IN, Attorneys for Appellees.


OPINION

BAKER, Judge.

Appellant-plaintiff Joseph A. Fioretti appeals the entry of summary judgment for appellees-defendants Aztar Indiana Gaming Company (Aztar). Specifically, Fioretti claims that a genuine issue of material fact remains as to whether Trooper McCarthy was an employee or agent of Aztar when he caused Fioretti pain and injury during an arrest. Concluding that the trial court did not err in entering summary judgment for Aztar, we affirm.

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