FUNSTON v. SCHOOL TOWN OF MUNSTER

No. 45S03-0506-CV-262.

849 N.E.2d 595 (2006)

Howard and Merry FUNSTON, Appellants (Plaintiffs below), v. SCHOOL TOWN OF MUNSTER, Appellees (Defendant below). Continental Leisure Sales, Inc. f/k/a, Seavey Corporation, Inc., and AAU/Munster Basketball Club (Defendants below).

Supreme Court of Indiana.

June 28, 2006.


Attorney(s) appearing for the Case

Kenneth J. Allen, Michael T. Terwilliger, William James Lazarus, Kenneth J. Allen & Associates, P.C., Valparaiso, IN, Attorneys for Appellant.

Michael D. Sears, Maryann Kusiak McCauley, Jill M. Grecco, Singleton, Crist, Austgen & Sears, LLP, Munster, IN, Attorneys for Appellee.


DICKSON, Justice.

Contributory negligence is generally a question of fact requiring trial by jury or court, but summary judgment may be proper where the undisputed facts and resulting inferences establish that the defendant is entitled to judgment as a matter of law. This is such a case. We affirm the trial court's grant of summary judgment.

Howard Funston was injured when he fell from a set of bleachers while watching his son participate in an Amateur Athletic...

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