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INDIANA STATE HIGHWAY COM'N v. CLARK

No. 1-576A78.

371 N.E.2d 1323 (1978)

STATE OF INDIANA, Indiana STATE HIGHWAY Commission, Ruel W. Steele, Chairman, Appellant (Defendant below), v. Glenda M. CLARK, Admin. of the Estate of Ernest L. Clark, Deceased, Appellee (Plaintiff below), S.J. Groves and Sons and Vollmer Associates, Inc., Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied March 7, 1978.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Susan J. Davis, Deputy Atty. Gen., Indianapolis, for appellant.

Vernon J. Petri, John J. Fuhs, Spencer, C. Thomas Billings, Williams, Cone & Billings, Greenfield, for appellee Clark.

Barnes, Hickam, Pantzer & Boyd, Stephen Goldsmith, John T. Kolinski, Indianapolis, for appellees S.J. Groves and Sons.

LOWDERMILK, Judge.

Statement of the Case

Defendant-appellant State of Indiana, Indiana State Highway Commission (State), appeals from a judgment in favor of plaintiff-appellee Glenda M. Clark, which was rendered on a wrongful death action.

Facts

During the years of 1967 and 1968 the State constructed a stretch of highway on Interstate 70 near the Mt. Comfort Road interchange. Defendants...

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