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ELWELL v. CITY OF MICHIGAN CITY

No. 3-676A199.

385 N.E.2d 1203 (1979)

James ELWELL and Judy Elwell, Plaintiffs-Appellants, v. THE CITY OF MICHIGAN CITY, Indiana, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

February 26, 1979.

Attorney(s) appearing for the Case

J.D. Calbert, Greencastle, for plaintiffs-appellants.

Craig V. Braje, Michigan City, for defendant-appellee.

GARRARD, Presiding Judge.

James Elwell was injured while riding in a police car in the course of his duties as a police officer. He and his wife instituted these common law actions for damages against the city, his employer, alleging negligence in maintaining a sewer drain cover which allegedly caused the incident in which he was injured. The city moved to dismiss the complaint on the ground that Elwell's exclusive remedy lay in the provisions of the Workmen's Compensation...

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