Hinkle v. Niehaus Lumber Co.

ON CIVIL PETITION TO TRANSFER

DICKSON, Justice.

Defendant-appellee Niehaus Lumber Company (Niehaus) obtained a summary judgment in a products liability case brought by plaintiff-appellant Kelly E. Hin-kle (Hinkle). The Court of Appeals reversed, finding that Niehaus failed to carry its burden at summary judgment to show an absence of evidence upon the factual question of whether Niehaus had a duty to warn. Hinkle v. Niehaus Lumber Co. (1987), Ind.App., 510 N.E.2d 198. We grant transfer and affirm the trial court.

As summarized by the Court of Appeals, the underlying facts are as follows. In…