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DUWE v. RODGERS

No. 1-1281A364.

438 N.E.2d 759 (1982)

Leonard W. DUWE and Alberta J. Duwe, Plaintiffs-Appellants, v. Roy L. RODGERS, Davidsons Industries, Inc., d/b/a Davidson Lumber Company, and John Doe I, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied September 9, 1982.

Attorney(s) appearing for the Case

Jeffrey S. Rasley, David B. Millard, Dutton, Kappes & Overman, Indianapolis, for plaintiffs-appellants.

Lawrence W. Gaston, Jr., O'Dell & Gaston, Indianapolis, for defendants-appellees.

ROBERTSON, Judge.

The plaintiffs-appellants, Mr. and Mrs. Duwe, are appealing the granting of a motion for summary judgment filed by the defendants-appellees, Davidsons Industries.

Mr. and Mrs. Duwe were involved in an automobile accident on September 11, 1977. They were struck by a car which had been hit by Rodgers. Rodgers had been attending an employees' outing given by his employer, Davidsons Industries. The evidence disclosed that Rodgers allegedly consumed...

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