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DAVIS v. LEE

No. 1-872A48.

292 N.E.2d 263 (1973)

Emma DAVIS, Plaintiff-Appellant, v. Charles W. LEE, Jr., and Charles W. Lee, Sr., Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied March 7, 1973.

Attorney(s) appearing for the Case

Ronald Warrum, Claude Bates, of Bates, Ewers & Noffsinger, Evansville, George Ankenbrand, Princeton, for appellants.

Jack N. Van Stone, of Rice & Van Stone, Evansville, Robert Fair, of Fair & Rehnquist, Princeton, for appellees.

ROBERTSON, Presiding Judge.

The plaintiff-appellant (Mrs. Davis) is appealing the granting of a new trial to the defendants appellees (Lee, Sr. and Lee, Jr.). Mrs. Davis had received a $40,000 verdict in a wrongful death action after a trial by jury.

Mrs. Davis' complaint was in two paragraphs, the first of which alleged that the decedent was an employee of the Lees, and the second of which alleged that he was an invitee. Both paragraphs charged the Lees with...

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