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GLEAVES v. MESSER CONST. CO.

Court of Appeals Case No. 49A02-1609-CT-2140.

77 N.E.3d 1244 (2017)

Mark GLEAVES, Appellant-Plaintiff, v. MESSER CONSTRUCTION COMPANY and PERI Formwork Systems, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

June 13, 2017.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT: Christopher G. Stevenson , William E. Winingham , Wilson Kehoe Winingham LLC, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE MESSER CONSTRUCTION COMPANY: Mark D. Gerth , Michael Wroblewski , Louis J. Britton , Kightlinger & Gray, LLP, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE PERI FORMWORK SYSTEMS, INC.: Scott S. Morrisson , Blake P. Holler , Krieg DeVault LLP, Carmel, Indiana, Libby Yin Goodknight , Krieg DeVault LLP, Indianapolis, Indiana, Michael J. Halaiko , Jonathan A. Singer , Miles & Stockbridge, P.C., Baltimore, Maryland.

On October 9, 2012, Mark Gleaves, a construction worker employed by Whittenberg Construction ("Whittenberg"), was working at the construction site of the Indiana University Neuroscience Building when a sixteen-foot-long 2x4 lumber infill struck him in the head, inflicting serious injury. Whittenberg was a concrete contractor; Messer...

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