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WITMAT DEVELOPMENT CORP. v. DICKISON

No. 11A04-0803-CV-163.

907 N.E.2d 170 (2009)

WITMAT DEVELOPMENT CORP., and Lorelei Airhart, Appellants-Defendants, v. Randall DICKISON, Individually, and as Personal Representative of the Estate of Gregory Scott Dickison, Appellees.

Court of Appeals of Indiana.

June 4, 2009.

Attorney(s) appearing for the Case

Thomas R. Haley III, Geoffrey C. Lambert, Jennings Taylor Wheeler & Haley, P.C., Carmel, IN, Attorneys for Appellant Witmat Development Corp.

William G. Smock, Michael A. Slagle, Smock & Etling, John P. Nichols, Anderson & Nichols, Terre Haute, IN, Attorneys for Appellees.

OPINION

MATHIAS, Judge.

Randall Dickison, individually and as personal representative of the Estate of Gregory Dickison ("the Estate"), filed a complaint in Clay Superior Court against Witmat Development Corporation ("Witmat") alleging that Witmat negligently failed to warn of a water-filled strip pit adjacent to a public highway, which pit is located on Witmat's property. Witmat moved for summary judgment arguing that it owed no duty to Gregory Dickison...

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