Legal Opinion

Ayr-Way Stores, Inc. v. Chitwood Ex Rel. Chitwood

Indiana Supreme Court

Decided August 23, 1973No. 873S162PublishedCited by 131 opinions

1Opinion of the CourtHunter, J.

This is an action for personal injuries brought by Michael Chitwood on behalf of his four-year-old son against the manufacturer and seller of a power lawnmower. The jury returned a verdict in favor of the plaintiff in the sum of $80,000. Defendants appealed to the Court of Appeals for the First District. Ayr-Way Stores, Inc. v. Chitwood (1973), 292 N. E. 2d 298.

The primary issue raised on appeal was whether the trial court erred in granting Chitwood’s motion to amend his complaint to conform to the evidence during trial. The defendants maintain that if to allow the amendment was not error,…

2Cases cited7 opinions

  1. Cornette v. Searjeant Metal Products, Inc.Indiana Court of Appeals · 1970
  2. Perfection Paint & Color Co. v. KondurisIndiana Court of Appeals · 1971
  3. General Outdoor Advertising Co. v. Lasalle Realty Corp.Indiana Court of Appeals · 1966
  4. Indianapolis Transit System, Inc. v. WilliamsIndiana Court of Appeals · 1971
  5. Lewark v. CarterIndiana Supreme Court · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by131 opinions

  1. Vernon Fire & Casualty Insurance Co. v. SharpIndiana Supreme Court · 1976
  2. Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979
  3. Hibschman Pontiac, Inc. v. BatchelorIndiana Supreme Court · 1977
  4. McIntosh v. Melroe Co.Indiana Supreme Court · 2000
  5. Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979

126 more not listed; retrieve them via the Exa API.

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