Palmer & Sons Paving, Inc. v. Northern Indiana Public Service Co.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Palmer & Sons Paving, Inc. (Palmer), appeals the trial court's grant of Appellee-Defendant's, Northern Indiana Public Service Company (NIPSCO), motion for summary judgment.

We reverse. 1

ISSUE

Palmer raises two issues on appeal, one of which we find dispositive and restate as follows: whether the trial court erred in granting NIPSCO's motion for summary judgment.

FACTS AND PROCEDURAL HISTORY

On September 9, 1996, Palmer began repaving the parking lot of the Chesterton Terrace Apartments in Chesterton, Indiana. The parking lot spanned an…