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THORNTON v. PENDER

No. 1-875A142.

346 N.E.2d 631 (1976)

Elizabeth Ann THORNTON, by Next Friend, John C. Thornton, Jr., Appellant (Plaintiff below), v. Charles R. PENDER, Appellee (Defendant below). Matthew W. Thornton, by Next Friend John C. Thornton, Jr., Appellant (Plaintiff below), v. Charles R. Pender, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

May 11, 1976.

Attorney(s) appearing for the Case

Cox, Zwerner, Gambill & Sullivan, Terre Haute, for appellants.

Jerdie D. Lewis, Stephen L. Trueblood, Lewis and Lewis, Terre Haute, for appellee.

LOWDERMILK, Judge.

Plaintiffs-appellants Matthew W. Thornton (Matt) and Elizabeth Ann Thornton (Betsy) brought separate actions against defendant-appellee Charles R. Pender (Pender) for his alleged negligent operation of a motor vehicle.

The Thorntons claim that Pender failed to keep a proper lookout, traveled too fast in an area known to be inhabited by children, failed to have his car under control so as to avoid the collision, failed to warn the children...

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