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MARSHALL v. ERIE INS. EXCHANGE

No. 20A03-0908-CV-366.

923 N.E.2d 18 (2010)

J. John MARSHALL and Marjorie Marshall, Appellants, v. ERIE INSURANCE EXCHANGE a/s/o Cindy Cain, Appellee.

Court of Appeals of Indiana.

March 10, 2010.

Attorney(s) appearing for the Case

Donald E. Wertheimer, South Bend, IN, Attorney for Appellants.

Gregory J. Haines, Rowe & Rowe, South Bend, IN, Attorney for Appellees.

OPINION

ROBB, Judge.

Case Summary and Issue

John and Marjorie1 Marshall appeal the trial court's denial of their motion to correct error following its judgment in favor of Erie Insurance Exchange ("Erie") on Erie's claims for damages resulting from the Marshalls' negligent maintenance of a tree located on their property, which fell and damaged the home of Cindy Cain. For

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