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DUTCHMEN MFG., INC. v. REYNOLDS

No. 20S05-0506-CV-292.

849 N.E.2d 516 (2006)

DUTCHMEN MANUFACTURING, INC., Appellant (Defendant below), v. Chad REYNOLDS and Don Reynolds, Appellees (Plaintiffs below).

Supreme Court of Indiana.

June 22, 2006.

Attorney(s) appearing for the Case

Tracy D. Knox, D. Michael Anderson, South Bend, IN, Attorneys for Appellant.

Patrick F. O'Leary, Goshen, IN, Attorney for Appellees.

On Petition To Transfer from the Indiana Court of Appeals, No. 20A05-0404-CV-202

BOEHM, Justice.

We hold that tort liability of a tenant who leaves a dangerous item on the leased premises at the expiration of a lease is not extinguished by reason of the expiration of the lease. We also hold that a provision in a lease to a successor tenant that the item is acquired "as is" does not of itself bar a tort claim asserted by a non-contracting party.

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