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CITY OF SOUTH BEND v. ESTATE OF ROZWARSKI

No. 3-877A210.

404 N.E.2d 19 (1980)

The CITY OF SOUTH BEND, Defendant-Appellant, v. The ESTATE OF Eugene ROZWARSKI, Janice Rozwarski, Administratrix, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied July 28, 1980.

Attorney(s) appearing for the Case

Arthur A. May, May, Searer, Oberfell & Helling, South Bend, for defendant-appellant.

David L. Matthews, South Bend, for plaintiff-appellee.

GARRARD, Presiding Judge.

Eugene Rozwarski, a member of the Fire Department of the City of South Bend, was riding on a platform on the back of a fire truck on an emergency run when the truck collided with a motor vehicle. As a result of the collision, Rozwarski was thrown from the truck to his death.

The fire truck on which Rozwarski was riding was a 1955 Mack. It had a red dome light on top of the cab, a rotating white light on the front grill and a siren...

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