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W.D. EX REL. R.D. v. CITY OF NAPPANEE

No. 20A05-1112-CT-698.

968 N.E.2d 335 (2012)

W.D., a minor by his parents R.D. and S.D., and R.D. and S.D., individually, Appellants, v. CITY OF NAPPANEE, Appellee.

Court of Appeals of Indiana.

June 6, 2012.

Attorney(s) appearing for the Case

Daniel H. Pfeifer , Douglas E. Sakaguchi , Pfeifer Morgan & Stesiak, South Bend, IN, Attorneys for Appellants.

Mark D. Ulmschneider , Steele, Ulmschneider, & Malloy LLP, Fort Wayne, IN, Attorney for Appellee.

OPINION

MATHIAS, Judge.

W.D., by his parents S.D. ("Mother") and R.D. ("Father"), and Mother and Father, individually, filed a complaint in Elkhart Superior Court alleging that the City of Nappanee ("the City") breached its duty of care to W.D., which proximately caused injuries suffered at the City's pool. The City filed a motion for summary judgment and argued that it did not breach its duty of care to W.D. as a matter of law. The trial court granted the...

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