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CITY OF MISHAWAKA v. KVALE

No. 71A05-0311-CV-591.

810 N.E.2d 1129 (2004)

CITY OF MISHAWAKA, Appellant-Defendant, v. Marian KVALE, Personal Representative of the Estate of Gordon Barclay, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 30, 2004.

Attorney(s) appearing for the Case

Edward A. Chapleau, South Bend, IN, Attorney for Appellant.

Ronald D. Foster, Botkin & Hall LLP, South Bend, IN, Attorney for Appellee.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant City of Mishawaka ("City") appeals the trial court's grant of summary judgment to Appellee-Plaintiff Marian Kvale, as personal representative of the Estate of Gordon Barclay (the "Estate"). We affirm in part and reverse in part.

Issues

City raises four issues, which we consolidate and restate as:

I. Whether the trial court abused its discretion by granting the Estate...

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