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VAUGHAN v. VAUGHAN

No. 1-574A81.

316 N.E.2d 455 (1974)

Douglas Franklin VAUGHAN, a Minor by His Grandfather and Next Friend, Ralph Franklin Vaughan, Plaintiff-Appellant, v. James F. VAUGHAN and Linda Joyce Vaughan, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied October 21, 1974.

Attorney(s) appearing for the Case

Brent E. Dickson, Lafayette, for plaintiff-appellant.

Aribert L. Young, Stephen L. Brown, John W. Cotner, Indianapolis, for defendants-appellees; Kightlinger, Young, Gray & DeTrude, Indianapolis, of counsel.

ROBERTSON, Presiding Judge.

Four year old Douglas Vaughan received head injuries when struck by a falling tombstone while visiting a cemetery with his parents, the defendant-appellees. The plaintiff-appellant, Douglas' grandfather, filed suit alleging that the parents were negligent in supervising Douglas.

The trial court sustained a motion to dismiss by ruling that the parents were immune from suit and that the complaint failed to state a claim upon which...

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