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MANSFIELD v. SHIPPERS DISPATCH, INC.

No. 3-1277A309.

399 N.E.2d 423 (1980)

Norma MANSFIELD, Executrix of the Estate of Walter O. Mansfield, Jr., Deceased, Plaintiff-Appellant, v. SHIPPERS DISPATCH, INC., Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 27, 1980.

Attorney(s) appearing for the Case

Lawrence A. Levy, Grant F. Shipley, Fort Wayne, for plaintiff-appellant.

George E. Fruechtenicht, Martin T. Fletcher, and David A. Travelstead, Fort Wayne, for defendant-appellee.

GARRARD, Presiding Judge.

This was an action for wrongful death arising out of an automobile collision. The case was tried by jury and concluded with a verdict for the defendant.

The evidence at trial disclosed that Paul Rafferty, an employee of appellee Shipper's Dispatch, Inc., was driving a semi-tractor trailer northbound on four-lane U.S. Highway 24 in Fort Wayne during morning rush hour traffic. Rafferty noticed a bluish smoke entering his cab and pulled...

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