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WILLIAMS v. THARP

No. 29S02-0901-CV-40.

914 N.E.2d 756 (2009)

Thomas WILLIAMS and Sanford Kelsey, Appellants (Plaintiffs below), v. Kelly Eugene THARP and Papa John's U.S.A., Inc., Appellees (Defendants below).

Supreme Court of Indiana.

October 13, 2009.

Attorney(s) appearing for the Case

Arend J. Abel, Kelley J. Johnson, Cohen & Malad, LLP, Indianapolis, IN, Attorneys for Appellants.

Julia Blackwell Gelinas, John M.T. Chavis, II, Lucy R. Dollens, Frost Brown Todd LLC, Indianapolis, IN, Attorneys for Appellee, Kelly Eugene Tharp.

John B. Drummy, Eric D. Johnson, Jeffrey D. Hawkins, Kightlinger & Gray, LLP, Indianapolis, IN, Attorneys for Appellee, Papa John's U.S.A., Inc.

DICKSON, Justice.

This appeal challenges the trial court's grant of summary judgment which found privileged a restaurant employee's statements to a passerby and a police officer that a customer had "pulled a gun" inside the store. The plaintiffs, Sanford Kelsey and Thomas Williams, respectively, the suspected gun carrier and his companion (neither of whom actually had a gun), sued the restaurant operator, Papa John's U.S.A., Inc., and its employee, Kelly Tharp, for...

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