Drake Ex Rel. Drake v. Mitchell Community Schools

DICKSON, Justice.

In this personal injury action brought by a high school student and her parents after the student allegedly contracted histoplasmosis 1 from the various defendants' use and control of a vacant grain elevator, the Court of Appeals reversed a summary judgment favoring the school and affirmed a summary judgment favoring the bank that owned the elevator. Drake v. Mitchell Community Sch. (1994), Ind.App., 628 N.E.2d 1231. The plaintiff-appellants seek transfer to question the interpretation and application given the Indiana Recreational Use Statute ("IRUS"), Indiana Code §…