PM Gas & Wash Co., Inc. v. Smith

This is a premises liability case in which Ronald Smith, by next friends Clara and Richard Smith, sought damages from P-M Gas & Wash Company, Inc. (P-M) for injuries allegedly sustained when the ten-year-old child’s foot was caught in P-M’s car wash conveyor mechanism. The jury returned a verdict in P-M’s favor, but the trial court granted Smith’s Motion to Correct Errors and order a new trial. P-M appealed this ruling and Smith cross-appealed. This court sustained P-M’s motion to dismiss the cross-appeal for failure to comply with Ind. Rules of Procedure, Trial Rule 59(D). P-M Gas & Wash…