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SMITH v. COOK

No. 2-775A182.

361 N.E.2d 197 (1977)

Phyllis A. SMITH, Plaintiff-Appellant, v. Keith E. COOK et al., Defendants-Appellees.

Court of Appeals of Indiana, First District.

April 6, 1977.

Attorney(s) appearing for the Case

W. Richard Herron, Elkhart, for appellant.

J. Conrad Maugans, Kokomo, Russell T. Keith, Peru, John T. Hume, III, Theo. L. Sendak, Atty. Gen., K. Richard Payne, Mark A. Yegerlehner, Deputy Attys. Gen., Indianapolis, for appellee; Keith, Berkshire & Keith, Peru, Smith & Jones, Indianapolis, of counsel.

ROBERTSON, Chief Judge.

The trial court in a trial on an action for negligence, granted an Ind. Rules of Procedure, Trial Rule 50 (TR. 50) motion for judgment on the evidence and ordered the jury to return a verdict for two defendants-appellees, McMahan-O'Conner Construction Company (McMahan-O'Conner) and the State of Indiana (State). From the granting of that motion and the order, plaintiff-appellant, Phyllis A. Smith (Smith) brings this appeal.

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