This section contains the nature of the case and procedural background.

Ball State contracted with D for the construction of a new basketball arena. Anthony, an experienced ironworker, fell to his death through an unprotected opening in the precast concrete nearly forty-five feet above the ground. The opening through which Anthony fell was one of many openings on the upper level of the arena which had gone unprotected for a considerable time. P filed her complaint for wrongful death against D and others. The jury found that D was one hundred percent at fault for Anthony's death, assigned no fault to other defendants and found against D on its cross-claim for indemnification. D appealed.

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