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SIDLE v. MAJORS

Nos. 475S96, 275S42.

341 N.E.2d 763 (1976)

Tracy SIDLE, Plaintiff-Appellant, v. William C. MAJORS, Defendant-Appellee. Joe Dempsey, Defendant-Appellant, v. Diana Leonherdt (Green), Plaintiff-Appellee.

Supreme Court of Indiana.

Rehearing Denied April 9, 1976.

Attorney(s) appearing for the Case

Ronald K. Gehring, Tourkow, Danehy, Crell, Hood & Gehring, Fort Wayne, Theodore Lockyear and Steven T. Barber, Evansville, Samuel J. Bernardi, Jr., John P. McQuillan, Valparaiso (Spangler, Jennings, Spangler & Dougherty, Valparaiso, of counsel), for appellants.

Robert H. Hahn and George A. Porch, Rodney H. Grove, Evansville (Bamberger, Foreman, Oswald & Hahn, Evansville, of counsel), Stephen H. Meyer, Byron M. Chudom, Schererville (Chudom & Pressler, Schererville, of counsel), for appellees.

PRENTICE, Justice.

Plaintiff (Appellant) was injured while a guest passenger in an automobile operated by Defendant (Appellee). She filed a two-count complaint for damages in the United States District Court for the Southern District of Indiana, alleging "negligence" in Count I and "wanton and wilful misconduct" in Count II. The District Court sustained the defendant's motion for summary judgment on Count I, in view of the guest statute. Final judgment was entered...

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