OUTBACK STEAKHOUSE OF FLORIDA v. MARKLEY

No. 18A04-0401-CV-13.

831 N.E.2d 228 (2005)

OUTBACK STEAKHOUSE OF FLORIDA, INC., Toncredi, Inc. and John Broz, d/b/a Outback Steakhouse of Muncie, Appellants-Defendants, v. David D. MARKLEY and Lisa K. Markley, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied September 29, 2005.


Attorney(s) appearing for the Case

Karl L. Mulvaney, Nana Quay-Smith, Candace L. Sage, Bingham McHale, LLP, Indianapolis, for Appellants.

P. Gregory Cross, Cross Law Firm, Michael J. Alexander, Alexander Law Firm, Donald K. McClellan, McClellan, McClellan & Arnold, Muncie, for Appellees.


OPINION

MAY, Judge.

Outback Steakhouse appeals a judgment against it in a personal injury action brought by David and Lisa Markley. The Markleys were injured in an automobile collision with William Whitaker, who had been served alcohol at Outback.1 Outback raises seven issues on appeal, which we consolidate and restate as:

1. Whether a new trial is required based on the Markleys' failure in an interrogatory to disclose...

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