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GILES v. FORTUNE

No. 1-1272A112.

298 N.E.2d 34 (1973)

Jerry Lee GILES, Defendant-Appellant, v. Tonna Jo FORTUNE, b/n/f Nelson Fortune, Jr., Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied August 9, 1973.

Attorney(s) appearing for the Case

B. Curtis Wikinson, Myrl O. Wilkinson, Dix, Patrick, Ratcliffe & Adamson, Terre Haute, for defendant-appellant.

Thomas H. Hicks, Mann, Mann, Chaney, Johnson & Hicks, Terre Haute, for plaintiff-appellee.

ROBERTSON, Presiding Judge.

The five year old plaintiff-appellee (Fortune) was struck and injured by an automobile driven by the defendant-appellant (Giles). Liability was admitted by Giles with the cause being tried before a jury for the purpose of determining damages. The jury returned a verdict which reads:

"We, the jury, find for the plaintiff and against the defendant in the sum of medical payments 100% and punitive damages of Dollars ($20...

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