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STATE v. TABLER

No. 3-1075A217.

381 N.E.2d 502 (1978)

STATE of Indiana and the Indiana State Highway Commission, Defendants-Appellants, v. Bryan TABLER, a Minor by His Next Friend, Harvey Tabler, Harvey Tabler, Administrator of the Estate of Carol Joyce Tabler, Deceased, Harvey Tabler, Individually and Terry P. McBride, Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied November 17, 1978.

Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Daniel Lee Pflum, Deputy Atty. Gen., Indianapolis, for defendants-appellants.

Floyd F. Cook, Cook, Cook & Welke, Kokomo, William S. Spangler, David L. Abel, II of Spangler, Jennings, Spangler & Dougherty, Gary, Thomas B. Dumas, Dumas & Moriarity, Rensselaer, Herbert F. Small, Nelson J. Becker, Hanna, Small, Sabatini & Becker, Logansport, for plaintiffs-appellees.

GARRARD, Presiding Judge.

During a light rain on the morning of March 29, 1973, a tractor-trailer loaded with liquid fertilizer was heading east on U.S. Highway 24, and a smaller truck carrying milk bottles and cartons was heading west. Several hundred feet east of the intersection of U.S. Highway 24 and State Road 13, the highway narrows from four to two lanes. The tractor-trailer had gone through the intersection and was travelling at 30-35 mph when it jackknifed...

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