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BOROWSKI v. RUPERT

No. 1171A248.

281 N.E.2d 502 (1972)

Claude BOROWSKI, Defendant-Appellant, v. Robert P. RUPERT b/n/f John P. Rupert, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied May 30, 1972.

Attorney(s) appearing for the Case

Robert J. Konopa, Terry V. Lehr, Crumpacker, May, Levy & Searer, South Bend, for defendant-appellant.

John R. Obenchain, Roland Obenchain, South Bend, for plaintiff-appellee.

STATON, Judge.

This is an appeal from the granting of a new trial on the sole and limited issue of damages subject to additur in the sum of $2,500.00. Robert P. Rupert, age eleven years, was a passenger on a Honda motorcycle traveling in a southerly direction on Michigan Road in St. Joseph County, Indiana. Claude Borowski was traveling in a northerly direction on Michigan Road and turned west at the intersection of Michigan...

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