STATE v. GIBBS

No. 1-175A16.

336 N.E.2d 703 (1975)

STATE of Indiana, Defendant-Appellant, v. Steven Ray GIBBS, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied December 5, 1975.


Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Walter F. Lockhart, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

Donald R. Ewers, Paul E. Wendel, Evansville, for plaintiff-appellee.


ROBERTSON, Chief Judge.

The defendant-appellant, State, brings this appeal from a judgment awarding $100,000 damages for injuries suffered by the plaintiff-appellee, Gibbs, in an automobile collision with a State employee.

The issues upon appeal are whether the evidence was sufficient to establish that the State's employee was acting within the scope of his employment at the time of the accident and whether Gibbs' Instruction Number 4 was properly given by...

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