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MORNINGSTAR v. MAYNARD

No. 01A05-0305-CV-224.

798 N.E.2d 920 (2003)

Jayla MORNINGSTAR and Robert Mendez, Individually and as Next Friends of Corbin Mendez, a minor, Appellants-Plaintiffs, v. Brian MAYNARD and Elizabeth A. Maynard, Appellees-Defendants.

Court of Appeals of Indiana.

November 21, 2003.

Attorney(s) appearing for the Case

Paul R. Sturm, Brian M. Simpson, Shambaugh, Kast, Beck & Williams, LLP, Fort Wayne, IN, Attorneys for Appellants.

Dane L. Tubergen, P. Michael Miller, Fort Wayne, IN, Attorneys for Appellees.

OPINION

MATHIAS, Judge.

Jayla Morningstar ("Jayla") and Robert Mendez, individually and as next friends of Corbin Mendez ("Corbin"),1 filed a tort claim against Brian and Elizabeth Maynard in Adams Circuit Court. The trial court granted summary judgment in favor of the Maynards. The Plaintiffs appeal, raising the issue of whether the doctrine of attractive nuisance may be asserted in this case. Concluding as a matter of law that...

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