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O'BRYANT v. VETERANS OF FOREIGN WARS, NO. 1552

No. 2-476A131.

376 N.E.2d 521 (1978)

Nicky G. O'BRYANT, Appellant, v. VETERANS OF FOREIGN WARS, NO. 1552, Appellee.

Court of Appeals of Indiana, Second District.

May 31, 1978.

Attorney(s) appearing for the Case

William J. Norton, Anderson, for appellant.

Marion W. Withers, Jones, Withers & Adair, Anderson, for appellee.

WHITE, Judge.

Nicky G. O'Bryant (O'Bryant), a member of Veterans of Foreign Wars, No. 1552 (VFW), brought suit against VFW, an unincorporated association, seeking damages for bodily injuries allegedly caused by VFW's negligence. VFW moved for summary judgment on the theory that under no circumstances can one of its members recover in such an action because all members are engaged in a joint enterprise and the negligence of each is imputed to every other member. The...

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