Hollowell v. Midwest Smorgasbord, Inc.
Indiana Court of Appeals
1Opinion of the Court
ROBERTSON, Judge.
Appellant/plaintiff William Hollowell (Hollowell) brings this appeal following judgment in favor of defendant/appellee Midwest Smorgasbord, Inc., d/b/a Duff's Famous Smorgasbord Restaurant (Midwest). Judgment followed the granting of Midwest's Motion for Summary Judgment.
We reverse.
The facts, which are not in dispute, are that in the afternoon of August 17, 1983, Hollowell and his wife were dining at Duff's restaurant. After finishing his meal, Hollowell felt the need to use the restroom, located inside the restaurant. Once in the restroom Hollowell, who walks with the aid of…
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