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HOTZ v. GELSTHORPE

No. 1-1078A278.

387 N.E.2d 78 (1979)

Paul HOTZ, As Next Friend of Mark Allen Hotz, and Individually, Plaintiffs-Appellants, v. Robert E. GELSTHORPE, City of Evansville, Indiana, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied April 17, 1979.

Attorney(s) appearing for the Case

John D. Clouse and Michael C. Keating, Evansville, for plaintiffs-appellants.

Robert T. Bodkin, Bamberger, Foreman, Oswald & Hahn, John C. Cox, Evansville, for defendants-appellees.

ROBERTSON, Judge.

Plaintiff-appellant Paul Hotz, individually and as next friend of Mark Hotz (Hotz), appeals a jury verdict in favor of defendant-appellee City of Evansville (City).1

Hotz brought this action to recover for injuries sustained by his minor son when he was struck by a motorist while attempting to cross at a certain intersection. The complaint generally alleged that the City was negligent for the failure to "maintain...

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