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ATTORNEYS FOR APPELLANT Robert K. Stanley Kevin M. Toner Jon B. Laramore Lucetta Pope Indianapolis, Indiana Eric M. Cavanaugh Plainfield, Indiana

ATTORNEYS FOR APPELLEES Linda George W. Russell Sipes Kathleen A. Musgrave Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 49S02-0405-CV-217 PSI ENERGY, INC., Appellant (Defendant below), v. WILLIAM LEE ROBERTS, JR., AND BEVERLY ROBERTS, Appellees (Plaintiffs below). _________________________________ Appeal from the Marion Superior Court, No. 49D02-9601-MI-0001-687 The Honorable Kenneth H. Johnson, Judge _________________________________ On Petition for Rehearing _________________________________ September 27, 2005 Boehm, Justice. PSI Energy, Inc. has petitioned for rehearing raising an important point of Indiana trial procedure that we have not explicitly addressed. We held that PSI had correctly argued that an employee of a contractor hired to deal with asbestos under most circumstances had no claim against a landowner on whose premises the work exposing the worker to asbestos took place. PSI Energy, Inc. v. Roberts, 829 N.E.2d 943, 948 (Ind. 2005). We held, however, that the jury's

verdict was sustainable under the instruction on premises liability which was based largely on the Restatement (Second) of Torts

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Indiana Law