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MASICK v. McCOLLY REALTORS, INC.

No. 37A03-0601-CV-38.

858 N.E.2d 682 (2006)

Christine MASICK and Jonathon Masick, Appellants-Plaintiffs, v. McCOLLY REALTORS, INC. and Saxon Drywall, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

December 22, 2006.

Attorney(s) appearing for the Case

Robert J. Boughter, Stiles Boughter, LLP, Fort Wayne, IN, Charles P. Dargo, Law Offices of Charles P. Dargo, P.C., Demotte, IN, Attorneys for Appellants.

Daniel G. Suber, Lizabeth R. Hopkins, Suber & Davis, Valparaiso, IN, Attorneys for McColly Realtors, Inc.

James H. Austen, Matthew D. Barrett, Starr Austen Tribbett Myers & Miller, Logansport, IN, Attorneys for Saxon Drywall, Inc.

OPINION

MAY, Judge.

Christine Masick fell on a temporary step and hit her head while looking at a house that was under construction and listed for sale with McColly Realtors. She sued McColly and Saxon Drywall, a subcontractor whose employees were working on the house, alleging McColly and Saxon had a duty to warn her of the defective step but failed to do so. The trial court granted summary judgment for McColly and Saxon; we affirm in part, reverse in part...

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