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FANKBONER v. SCHUBERT

No. 1-481A114.

431 N.E.2d 856 (1982)

Nellie R. FANKBONER, Individually and As Executrix of the Estate of Francis Lee Fankboner, d/b/a Waverly Sand and Gravel Company a/k/a Waverly Gravel and Concrete, Waverly Sand and Gravel Company, and Raymond G. Hamilton, Defendants-Appellants, v. Elmer C. SCHUBERT, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied April 14, 1982.

Attorney(s) appearing for the Case

C. Wendell Martin, Martin & Hartley, Indianapolis, Jack Rogers, Rogers, Tompkins & Gesse, Franklin, for defendants-appellants.

Thomas A. Deal, William V. Barteau, Barteau & Deal, Speedway, Tom G. Jones, Jones & Loveall, Franklin, for plaintiff-appellee.

RATLIFF, Presiding Judge.

STATEMENT OF THE CASE

Defendants-appellants Nellie R. Fankboner, Waverly Sand and Gravel Company, and Raymond G. Hamilton bring this appeal from a judgment in favor of plaintiff-appellee Elmer C. Schubert on his claim for damages for personal injury. We reverse and remand.

FACTS

Shortly before 3:00 p.m. on May 18, 1978, Elmer Schubert, age 30, was riding his motorcycle in the left-hand lane of northbound State...

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