STATE v. TABLER

No. 3-1075A217.

395 N.E.2d 787 (1979)

STATE of Indiana and the Indiana State Highway Commission, Appellants (Defendants below), 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, Appellees (Plaintiffs below).

Supreme Court of Indiana.

October 29, 1979.


Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Robert S. Spear, Asst. Atty. Gen., Indianapolis, for appellants.

Floyd F. Cook, Cook, Cook & Welke, Kokomo, Herbert F. Small, Nelson J. Becker, Hanna, Small, Sabatini & Becker, Logansport, for appellees Bryan Tabler, a minor by his next friend, Harvey Tabler, Harvey Tabler, Administrator of the Estate of Carol Joyce Tabler, deceased, and Harvey Tabler, Individually.

William S. Spangler, David L. Abel, II, Spangler, Jennings, Spangler & Dougherty, P.C., Gary, Thomas B. Dumas, Dumas & Moriarity, Rensselaer, for appellee Terry P. McBride.


ON PETITION TO TRANSFER

Petition to Transfer Denied. [For opinion of Court of Appeals see 381 N.E.2d 502.]

HUNTER, Justice, dissenting to denial of transfer.

I dissent to the denial of the petition to transfer in this case because in my view Ind.R.Tr.P. 59(E)(5) and (7) and the Bailey v. Kain, (1963) 135 Ind.App. 657,

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