SMITH v. KING

No. 45A03-0806-CV-308.

902 N.E.2d 878 (2009)

Kenneth E. SMITH, Jr. and Cathy Smith, Husband and Wife, Appellants-Plaintiffs, and Jeffery Harbrecht, Appellant-Defendant, v. Gerhard KING and Christine King, Husband and Wife, Appellees-Defendants.

Court of Appeals of Indiana.

March 17, 2009.


Attorney(s) appearing for the Case

William L. Touchette, Robert D. Brown, Spangler Jennings & Dougherty, Merrillville, IN, David N. Gilyan, Hobart, IN, Attorneys for Appellants.

Matthew J. Hagenow, Newby Lewis Kaminski & Jones, La Porte, IN, Attorney for Appellees.


OPINION

BROWN, Judge.

Kenneth E. Smith, Jr., Cathy Smith, and Jeffery Harbrecht appeal the trial court's grant of summary judgment to Gerhard King and Christine King. The Smiths and Harbrecht raise one issue, which we restate as whether the trial court erred when it determined that the Kings did not owe a duty to Kenneth. We affirm.

The relevant facts as designated to the trial court follow. In 2000, the Kings began construction of a new residence...

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