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STATE v. THOMPSON

No. 1-177A10.

385 N.E.2d 198 (1979)

STATE of Indiana, Appellant (Defendant below), v. Gary D. THOMPSON and Paul C. Thompson, Appellees (Plaintiffs below), and American Oil Company, Inc., Appellee (Former Third-Party Defendant below).

Court of Appeals of Indiana, First District.

Rehearing Denied April 17, 1979.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen. of Indiana, Robert S. Spear, Thomas D. Strodtman, Asst. Attys. Gen., Indianapolis, for appellant.

C. Richard Marshall, Robert L. Stevenson, Stevenson, Marshall & Silva, Columbus, Tom G. Jones, Jones, Loveall & Coachys, Franklin, for appellees, Gary D. Thompson and Paul C. Thompson.

Jim A. O'Neal, Cory S. Brundage, Ice, Miller, Donadio & Ryan, Indianapolis, for appellee, American Oil Co., Inc.

LYBROOK, Presiding Judge.

The State appeals from 1) an adverse judgment entered on a jury verdict in the amount of $1,240,000 in favor of Gary Thompson; and 2) a dismissal of the State's third-party complaint against the American Oil Company (Amoco) for indemnity. The theory of Thompson's complaint against the State was that the State "negligently marked, designed, constructed, engineered and maintained" a section of U.S. highway 31 at its intersection with Interstate...

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