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MARTIN v. SHEA

No. 1-881A253.

432 N.E.2d 46 (1982)

David L. MARTIN and Donna J. Martin, Appellants (Plaintiffs below), v. Richard SHEA, Appellee (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied April 1, 1982.

Attorney(s) appearing for the Case

Michael G. Naville, New Albany, for appellants.

Richard L. Mattox, Richard T. Mullineaux, Orbison, O'Connor, MacGreagor & Mattox, New Albany, for appellee.

ROBERTSON, Judge.

This action arose out of a lawsuit initiated on January 14, 1980, by David and Donna Martin (Martins) against Richard Shea (Shea) to recover for personal injuries and loss of consortium. Shea filed a motion to dismiss pursuant to Ind. Rules of Procedure, Trial Rule 12(B)(6), for failure to state a claim, on January 25, 1980, which was denied on March 25, 1980. On January 27, 1981, Shea filed a motion to...

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