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KROGER CO. v. BECK

No. 3-1276A299.

375 N.E.2d 640 (1978)

THE KROGER COMPANY, Appellant-Defendant, v. Phyllis R. BECK, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

April 25, 1978.

Attorney(s) appearing for the Case

R. Kent Rowe, Paul M. Oleniczak, Rowe, Sweeney Butler, Simeri & Laderer, South Bend, for appellant-defendant.

Kenneth P. Fedder, John B. Ramming, Voor, Jackson, McMichael, Allen Fedder & Herendeen, South Bend, for appellee-plaintiff.

STATON, Judge.

Phyllis Beck sued The Kroger Company in the St. Joseph Superior Court, Small Claims Division; Beck recovered $2700. Kroger appeals. Two issues are before us:

(1) Was there sufficient evidence of a contemporaneous physical injury to support the trial court's award of damages for mental anguish? (2) Was $2700 an excessive damage award for mental anguish and suffering?

We have reviewed the record, and we find that the judgment...

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