Legal Opinion

Dzierba v. City of Michigan City

Indiana Court of Appeals

Decided November 10, 2003No. 46A03-0301-CV-34PublishedCited by 7 opinions

1Opinion of the Court

OPINION

FRIEDLANDER, Judge.

Twelve-year-old Kyle Cuma was swept into Lake Michigan and drowned while attending Michigan City's Oktoberfest festival. His parents, Gregory Dsierba and Tammy Cuma (the Appellants), filed a wrongful death lawsuit against Michigan City (the City), among others. Michigan City filed a motion for summary judgment *465on the ground that it owed no duty to Kyle. The Appellants appeal from the granting of the City's motion for summary judgment, presenting several issues for review. We consolidate and restate those issues as follows:

1. Did the City owe a duty to Kyle Cuma, the…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Mangold Ex Rel. Mangold v. Indiana Department of Natural ResourcesIndiana Supreme Court · 2001
  2. Campbell v. StateIndiana Supreme Court · 1972
  3. Benton v. City of Oakland CityIndiana Supreme Court · 1999
  4. Catt v. Board of Com'rs of Knox CountyIndiana Supreme Court · 2002
  5. Reed v. Beachy Construction Corp.Indiana Court of Appeals · 2003

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3Cited by7 opinions

  1. Putnam County Sheriff v. PriceIndiana Supreme Court · 2011
  2. Erwin v. HSBC Mortgage Services Inc.Indiana Court of Appeals · 2013
  3. Hochstetler v. Elkhart County Highway DepartmentIndiana Court of Appeals · 2006
  4. Hochstetler v. Elkhart County Highway DepartmentIndiana Court of Appeals · 2006
  5. Hochstetler v. Elkhart County Highway DepartmentIndiana Court of Appeals · 2006

2 more not listed; retrieve them via the Exa API.

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