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CAPPS v. KLEBS

No. 3-976A214.

382 N.E.2d 947 (1978)

Charles CAPPS, Charles Capps As Administrator of the Estate of Eula Capps, Heidi Capps, b/n/f Charles Capps, Douglas Capps b/n/f Charles Capps, and Charles Capps As Administrator of the Estate of John Capps, Plaintiffs-Appellants, v. Richard M. KLEBS, Defendant, Trinity Universal Insurance Company, Intervenor-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 2, 1979.

Attorney(s) appearing for the Case

Saul I. Ruman and Robert C. Angermeier, Hammond, for plaintiffs-appellants.

James E. Schreiner, Thomas J. Kane, Travis, Tinkham & Schreiner, Hammond, for intervenor-appellee.

GARRARD, Presiding Judge.

On May 5, 1972, an automobile driven by Eula Capps and occupied by her children, John, Heidi and Douglas Capps, was struck by Richard Klebs, an intoxicated and uninsured motorist. Eula and John were killed. Heidi and Douglas sustained permanent injuries. Charles Capps, as administrator of the deceased Capps' estates and as next friend of the minor Capps, brought an action against the uninsured...

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