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THOMPSON EX REL. THOMPSON v. OWENSBY

No. 73A05-9804-CV-232.

704 N.E.2d 134 (1998)

Nicole L. THOMPSON, a minor, by Next Friend Brian THOMPSON and Stella Thompson, and Brian Thompson and Stella Thompson, Individually and as Parents and Natural Guardians of Nicole L. Thompson, Appellants-Plaintiffs, v. Jeff OWENSBY, Rhonda Owensby, Henry Whitis, Alva Whitis, Orrville Leather, Inc., and Indiana Insurance Co., Appellees-Defendants.

Court of Appeals of Indiana.

December 29, 1998.

Attorney(s) appearing for the Case

Theodore F. Smith, Jr., Teresa L. Todd, Smith, Todd & Farrell, Anderson, for Appellants-Plaintiffs.

Phillip Linnemeir, Robert B. Thornburg, Smith & Wade, Indianapolis, for Appellees-Defendants.

OPINION

KIRSCH, Judge.

Nicole Thompson and her parents appeal the trial court's dismissal of their complaint against Indiana Insurance Company (the Insurance Company). The appeal presents a single issue: Whether the Thompsons have stated a negligence claim against the Insurance Company for failure to preserve evidence.

We reverse.

FACTS AND PROCEDURAL HISTORY

Six-year-old Nicole Thompson was disfigured when a German shepherd attacked...

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