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STATE BY AND THROUGH IND. STATE HIGH. v. FAIR

No. 1-380A58.

423 N.E.2d 738 (1981)

STATE of Indiana BY AND THROUGH the Indiana State Highway Commission, Appellant-Defendant, v. Herrald FAIR, As Administrator of the Estate of Reda Fair, Deceased, Appellee-Plaintiff, and Allied Structural Steel Company and Charles F. Mills, Defendants.

Court of Appeals of Indiana, First District.

Rehearing Denied September 10, 1981.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Frank A. Baldwin, Deputy Atty. Gen., Indianapolis, for appellant-defendant.

David E. Summers, Thorntown, Peter L. Obremskey, Parr, Richey, Obremskey & Morton, Lebanon, for appellee-plaintiff.

RATLIFF, Judge.

STATEMENT OF THE CASE

The State of Indiana, by and through the Indiana State Highway Commission, appeals a judgment entered against it following jury trial, in favor of Herrald Fair, as administrator of the estate of Reda Fair, deceased, in the amount of $185,000, for the wrongful death of Reda Fair. The claim was predicated upon the alleged negligent design and construction of Interstate Highway 65, near Lebanon.

We reverse and remand...

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