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MIDWAY FORD TRUCK CTR., INC. v. GILMORE

No. 1-1279A359.

415 N.E.2d 134 (1981)

MIDWAY FORD TRUCK CENTER, Inc., Defendant-Appellant, v. Gary GILMORE, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied March 11, 1981.

Attorney(s) appearing for the Case

H. William Irwin, Richard L. Fairchild, Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, for defendant-appellant.

C. Dennis Wegner, Indianapolis, for plaintiff-appellee.

RATLIFF, Judge.

STATEMENT OF THE CASE

Midway Ford Truck Center, Inc. (Midway) appeals from a jury verdict and judgment thereon awarding three hundred fifty thousand dollars ($350,000) to Gary M. Gilmore (Gilmore) for personal injuries suffered when the truck he was driving overturned and parts of his body were burned by hot asphalt which escaped from the tank on the back of the truck. We reverse.

FACTS

On October 11, 1974, Gilmore was an...

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