MARSHALL v. ERIE INS. EXCHANGE

No. 20A03-0908-CV-366.

930 N.E.2d 628 (2010)

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

Court of Appeals of Indiana.

July 22, 2010.


Attorney(s) appearing for the Case

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

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


OPINION ON REHEARING

ROBB, Judge.

J. John Marshall and Marjorie Marshall have petitioned for rehearing of this court's decision in Marshall v. Erie Ins. Exch., 923 N.E.2d 18, 25 (Ind.Ct.App. 2010), in which we held, inter alia, the Marshalls had a duty to exercise reasonable care to prevent an unreasonable risk of harm to neighboring landowners arising from the condition of trees on their property and further...

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