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11/07/96 GLENN H. WHITTAKER v. KEITH HONEGGER AND

November 7, 1996

GLENN H. WHITTAKER, JR., PLAINTIFF-APPELLANT,
v.
KEITH HONEGGER AND JOY LYNN HONEGGER, DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Madison County. No. 94-L-851. Honorable A. A. Matoesian, Judge, presiding. This Opinion Substituted on Denial of Rehearing for Vacated Opinion of September 6, 1996, Previously

The Honorable Justice Maag delivered the opinion of the court: Hopkins, P.j., and Chapman, J., concur.

The opinion of the court was delivered by: Maag

ORDER

This cause has been considered on defendants-appellees' petition for rehearing, and the court being fully advised finds:

This court previously filed an opinion in this cause on September 6, 1996;

Defendants-appellees filed a petition for rehearing; and

This court now desires to vacate its previous opinion and substitute a new opinion in its stead.

IT IS THEREFORE ORDERED that the opinion previously filed in this cause on September 6, 1996, shall be, and the same is hereby, VACATED AND HELD FOR NAUGHT.

IT IS FURTHER ORDERED that the opinion being filed on this date shall stand as the decision of the court.

IT IS FURTHER ORDERED that defendants-appellees' petition for rehearing shall be, and the same is hereby, DENIED.

The Honorable Justice MAAG delivered the opinion of the court:

Plaintiff, Glenn Whittaker, appeals from a Madison County circuit court order granting defendants' summary judgment motion.

Plaintiff filed this action against defendants, Keith Honegger and Joy Lynn Honegger, seeking recovery for personal injuries sustained when he encountered a patch of loose gravel on the paved public highway in front of defendants' gravel driveway and lost control of his motorcycle. Defendants filed a motion for summary judgment, asserting that as landowners of property adjoining a public highway, defendants owed no duty to motorists to clean or maintain the portion of highway in front of their property, regardless of whether gravel had migrated from their property onto the roadway. ...


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