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STATE v. DWENGER

No. 2-1073A231.

341 N.E.2d 776 (1976)

STATE of Indiana et al., Appellants, v. Margaret C. DWENGER, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied March 18, 1976.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for appellants.

Donald W. Ward, John F. Ittenbach, Feeney & Ward, Indianapolis, for appellee.

WHITE, Judge.

The plaintiff-appellee Margaret C. Dwenger (Dwenger), a pedestrian, crossed over a depressed limited access, state highway (Madison Avenue, Indianapolis, U.S. Highway 31) on a pedestrian bridge built and maintained by appellant Indiana State Highway Commission (State) at what was formerly the Palmer Street intersection. She recovered judgment of $20,000.00 against the State in a jury verdict for injuries she suffered when she stepped into a hole at the...

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