PEPSI COLA BOTTLING, ETC. v. POLK

No. 2-180A17.

424 N.E.2d 1038 (1981)

PEPSI COLA BOTTLING CO., Inc. of Indianapolis, Defendant-Appellant, v. Steven POLK, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied September 25, 1981.


Attorney(s) appearing for the Case

Ivan D. Floyd, Joseph M. Dietz, Rocap, Rocap, Reese & Young, Indianapolis, for defendant-appellant.

Samuel L. Jacobs, Richard J. Dick, Robin L. Babbitt, Eskenazi, Mitchell, Yosha & Hurst, Indianapolis, for plaintiff-appellee.


NEAL, Presiding Judge.

STATEMENT OF THE CASE

Defendant-appellant Pepsi Cola Bottling Co., Inc. of Indianapolis (Pepsi) appeals from a new trial order limited to the issue of damages entered in the Marion Superior Court setting aside a jury verdict and judgment in the amount of $15,000 in favor of plaintiff-appellee Steven Polk (Polk).

We affirm.

STATEMENT OF THE FACTS

The record discloses that on September 2, 1976, Polk, while motorcycling...

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