Legal Opinion

Crawfordsville Town & Country Home Center, Inc. v. Odilon Elias Cordova, Jamie Busse, and Do It Best Corp

Indiana Court of Appeals

Decided January 24, 2019No. Court of Appeals Case 18A-CT-314Published

1Opinion of the Court

Tavitas, Judge.

Case Summary

[1] Crawfordsville Town & Country Home Center, Inc. ("Town & Country") appeals the trial court's denial of its motion for summary judgment in proceedings brought by Odilon Elias Cordova ("Cordova") and Jamie Busse ("Busse"). We reverse and remand.

Issue

[2] Town & Country raises two issues. We find the following issue dispositive: Whether the trial court properly denied Town & Country's motion for summary judgment based on lack of duty.

Facts

[3] The parties' designated evidence demonstrates that, in August 2014, the *121 owners of a Mexican restaurant in Crawfordsville…

2Cases cited10 opinions

  1. F. John Rogers, as Personal Representative of Paul Michalik, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul BrothersIndiana Supreme Court · 2016
  2. Ford Motor Co. v. RushfordIndiana Supreme Court · 2007
  3. Natural Gas Odorizing, Inc. v. DownsIndiana Court of Appeals · 1997
  4. John W. Schoettmer & Karen Schoettmer v. Jolene C. Wright & South Central Community Action Program, Inc.Indiana Supreme Court · 2013
  5. Erie Indemnity Company, as Attorney-in-Fact for the Subscribers at Erie Insurance Exchange v. Estate of Brian L. Harris, by Its Special Representative, Laura Harris, and Anna Marie HarrisIndiana Supreme Court · 2018

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