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ANDROUSKY v. WALTER

No. 83A01-1103-CT-137.

970 N.E.2d 687 (2012)

James ANDROUSKY, II, Individually and as Personal Representative of The Estate of James Androusky, III, Deceased, Appellant, v. Cole A. WALTER and Tammra Androusky, Appellees.

Court of Appeals of Indiana.

May 30, 2012.

Attorney(s) appearing for the Case

David W. Stone, IV , Stone Law Office & Legal Research, Anderson, IN, John P. Nichols , Anderson & Nichols, Terre Haute, IN, Attorneys for Appellant.

Sheila M. Sullivan , Scott P. Sullivan , Flynn & Sullivan, PC, Indianapolis, IN, Attorneys for Appellees.

OPINION

FRIEDLANDER, Judge.

James Androusky II (Father), individually and as personal representative of the estate of James Androusky III (James), filed a child wrongful death action against Cole Walter following the drowning death of James in Walter's residential swimming pool. Father appeals the jury verdict in favor of Walter, presenting the following restated instructional issues:

1. Did the trial court abuse its discretion by instructing the...

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