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INDIANA STATE HIGHWAY COMMISSION v. THOMAS

No. 2174A21.

346 N.E.2d 252 (1976)

State of INDIANA, Indiana STATE HIGHWAY COMMISSION, Appellant (Defendant and Third-Party Plaintiff below), v. Richard THOMAS, Appellee (Plaintiff below), Russell F. Davis, Inc., and McMahan Construction Company, Appellees (Third-Party Defendants below), and Public Service Company of Indiana, Appellee (Co-Defendants below).

Court of Appeals of Indiana, Second District.

April 20, 1976.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Indianapolis, for appellant.

Floyd Cook, Cook & Cook, Kokomo, Theodore J. Smith, Lafayette, for Richard Thomas.

Geoffrey Seger, Ice Donadio & Ryan, Indianapolis, Schultz, Ewan & Burns, Lafayette, for Russell F. Davis, Inc. and McMahan Const. Co.

Russell H. Hart, Stuart, Branigin, Ricks & Schilling, Lafayette, for Public Service Co. of Indiana.

SULLIVAN, Judge.

This case arises out of a highway construction accident on July 17, 1968 in which plaintiff Richard Thomas suffered personal injuries while employed by Third-Party Defendant Russell F. Davis, Inc. (Davis) in the widening and relocating of the U.S. 52 By-Pass near Lafayette. The construction work in which Thomas was involved was undertaken by Davis and its joint venturer, Third-Party Defendant McMahan Construction Company (McMahan), per their contract...

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