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McCLURE v. AUSTIN

No. 372A133.

283 N.E.2d 783 (1972)

Dean McClure, Administrator of Estate of Judith Ann McClure Herdrich, Deceased, Plaintiff-Appellant, v. Sandra K. AUSTIN, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

June 15, 1972.

Attorney(s) appearing for the Case

Kenneth A. King, Kendallville, for plaintiff-appellant.

William E. Borror, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for defendant-appellee.

HOFFMAN, Chief Judge.

The primary issue raised by this appeal is whether there was any evidence presented showing that defendant-appellee Sandra K. Austin was guilty of wanton or wilful misconduct.

The plaintiff, as Administrator of the Estate of Judith Ann McClure Herdrich, filed his amended complaint for the wrongful death of Judith Ann McClure Herdrich. The amended complaint alleged, inter alia, that the plaintiff's decedent was a passenger and guest...

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