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BURKETT v. CRULO TRUCKING COMPANY

No. 1-975A154.

355 N.E.2d 253 (1976)

Lewis M. BURKETT, As Administrator of the Estate of Phillip E. Balay, Deceased, Plaintiff-Appellee, v. CRULO TRUCKING COMPANY, Inc., Defendant-Appellant, George McMurry, Defendant-Appellee.

Court of Appeals of Indiana, First District.

October 13, 1976.

Attorney(s) appearing for the Case

John P. Price, David O. Tittle, Grace M. Curry, Bingham, Summers, Welsh & Spilman, Indianapolis, Ruel W. Steele, Steele, Steele & Steele, Bedford, for defendant-appellant.

James R. Cotner, Robert D. Mann, Cotner, Mann & Chapman, Bloomington, for plaintiff-appellee.

ROBERTSON, Chief Judge.

This is an appeal from a jury trial in a wrongful death action brought by plaintiff-appellee, Lewis M. Burkett (Burkett), against defendant, George McMurry (McMurry), and defendant-appellant, Crulo Trucking Company, Inc. (Crulo).

Plaintiff's decedent, Phillip E. Balay, died of injuries sustained on October 7, 1971, when the auto in which he was a passenger was struck from the rear by McMurry's dump truck as the auto was stopped in preparation...

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