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RIETH-RILEY CONSTRUCTION COMPANY, INC. v. McCARRELL

No. 1-474A70.

325 N.E.2d 844 (1975)

RIETH-RILEY CONSTRUCTION COMPANY, INC., Appellant (Defendant below), v. Kenneth E. McCarrell, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied May 15, 1975.

Attorney(s) appearing for the Case

R. Stanley Lawton, William L. Skees, Jr., Indianapolis, John H. Himelick, Connersville, Kenneth A. Sullivan, Winchester, for appellant; Ice, Miller, Donadio & Ryan, Indianapolis, Himelick & Smith, Connersville, Hunter, McCoy, Sullivan & Chalfant, Winchester, of counsel.

John Cook, Winchester, Darrell K. Peckinpaugh, Muncie, for appellee; John Cook, Winchester, Warner, Peckinpaugh & Warner, Muncie, of counsel.

LYBROOK, Judge.

Plaintiff-appellee McCarrell was awarded damages in the sum of $111,150.00 for injuries sustained when his automobile collided with a piece of pipe which had entered the traveled portion of State Road # 3 near New Castle while being dragged along the berm of the road by defendant-appellant, Rieth-Riley Construction Co., Inc. Rieth-Riley's appeal presents the following issues for review:

1. Whether the jury was improperly instructed upon loss...

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