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WELLS v. GIBSON COAL COMPANY

No. 1-1275A212.

352 N.E.2d 838 (1976)

Judith L. WELLS, Plaintiff-Appellant, v. GIBSON COAL COMPANY, Defendant-Appellee.

Court of Appeals of Indiana, First District.

August 26, 1976.

Attorney(s) appearing for the Case

Wallace, Campbell, Bunch & Shambach, Covington, for plaintiff-appellant.

Dix, Patrick, Ratcliffe & Adamson, Terre Haute, McFaddin & McFaddin, Rockville, for defendant-appellee.

LYBROOK, Judge.

Plaintiff-appellant, Wells, appeals from the negative judgment in her negligence action for damages arising out of a vehicle-truck collision with the driver-agent of defendant, Gibson Coal Company. Plaintiff submits two issues for review.

(1) Did the trial court commit reversible error when it admitted into evidence the deposition of a nonparty witness without a showing that the person was unable...

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