HEALTH & HOSPITAL CORP., ETC. v. Gaither

HUNTER, Justice.

This case is before this Court on the petition to transfer of the plaintiff-appel-lee-petitioner, George W. Gaither. On September 30,1976, a jury in the Marion Superior Court rendered a verdict in favor of plaintiff Gaither and against the defendant-appellant-respondent, City of Indianapolis, in the amount of $17,500. Defendant appealed the judgment of the trial court and the Court of Appeals, Second District, reversed and remanded the cause to the trial court for further proceedings. We grant transfer and vacate the opinion of the Court of Appeals.

The relevant facts most…