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ESTATE OF HOLDERBAUM v. GIBSON

No. 3-776A169.

376 N.E.2d 1189 (1978)

The ESTATE OF Paul E. HOLDERBAUM, and Florence Holderbaum, Appellants (Defendants below), v. Patricia GIBSON, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied August 10, 1978.

Attorney(s) appearing for the Case

William J. Reinke, Lawrence G. DiNardo, Thornburg, McGill, Deahl, Harman, Carey & Murray, South Bend, for appellants.

Robert F. Gonderman, South Bend, for appellee.

STATON, Judge.

Patricia Gibson filed a complaint against Florence Holderbaum and the estate of Paul E. Holderbaum (hereafter collectively referred to as "the estate"), alleging that she was injured while riding in a car driven by Paul Holderbaum. Prior to the trial, the trial judge ruled that the Indiana Guest Statute1 was unconstitutional. Accordingly, the case was tried on the theory of negligence, as opposed to the theory of wilful...

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