GIBSON v. ESTATE OF HOLDERBAUM

No. 3-779A209.

413 N.E.2d 614 (1980)

Patricia GIBSON, Plaintiff-Appellant, v. The ESTATE OF Paul E. HOLDERBAUM and Florence Holderbaum, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

December 8, 1980.


Attorney(s) appearing for the Case

Robert F. Gonderman, Gonderman Law Office, South Bend, for plaintiff-appellant.

William J. Reinke, Thornburg, McGill, Deahl, Harman, Carey & Murray, South Bend, for defendants-appellees.


HOFFMAN, Judge.

This appeal contests a judgment on the evidence which was granted in favor of the defendant at the close of the plaintiff's case in an action for personal injuries. The plaintiff was a guest in a car driven by Paul Holderbaum and, thus, this case is governed by the Indiana Guest Statute found at IC 1971, 9-3-3-1 et seq. (Burns 1980 Repl.). The case proceeded on a theory of wanton misconduct by the driver which caused the plaintiff's injuries.

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