Hi-Speed Auto Wash, Inc. v. Simeri

Dissenting Opinion.

Hoffman, J.

I am unable to agree with the result reached by the majority opinion in this case.

*124From the facts set out in the majority opinion it is not disputed that both parties knew the automobile door was going to be closed. Both were in an equal position to know that appellee’s finger was in a dangerous position. Both parties had a duty to exercise ordinary and reasonable care to avoid injury.

In Hunsberger v. Wyman (1966), 247 Ind. 369, at 374-75, 216 N.E.2d 345, at 348-49, our Supreme Court stated:

“In this case we have two parties with the same knowledge and the same…