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JOHNSON v. BENDER

No. 3-575 A 83.

369 N.E.2d 936 (1977)

Elizabeth JOHNSON, Administratrix of the Estate of Cecil Johnson, Jr., Deceased, Plaintiff-Appellant, v. Robert A. BENDER, As Sheriff of Allen County, Indiana, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 5, 1978.

Attorney(s) appearing for the Case

Sherrill Wm. Colvin, Stephen L. Williams, Snouffer, Haller & Colvin, Fort Wayne, for plaintiff-appellant.

Harry W. Scott, Philip H. Larmore, Thomas E. Ruzzo, Adair, Perry, Beers, McAlister & Mallers, Fort Wayne, for defendant-appellee.

HOFFMAN, Judge.

Plaintiff-appellant Elizabeth Johnson, Administratrix of the Estate of Cecil Johnson, Jr., brought a wrongful death action against Robert A. Bender, Sheriff of Allen County, Indiana, alleging that the death of appellant's decedent was proximately caused by the Sheriff's negligence in failing to provide proper medical care for the deceased while incarcerated in the Allen County jail.1

Following trial to a jury, a...

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