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THRAPP v. AUSTIN

No. 3-1081A251.

436 N.E.2d 1170 (1982)

John C. THRAPP, As Personal Representative and Special Administrator for Decedent, Jerry Middleton, Appellee (Plaintiff below), v. Donald AUSTIN, Appellant (Defendant below). [sic]

Court of Appeals of Indiana, Third District.

June 28, 1982.

Attorney(s) appearing for the Case

Robert E. Kabisch, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for appellant.

Mark S. Pantello, Ronald L. Sowers, Sowers & Benson, Fort Wayne, for appellee.

STATON, Judge.

Donald Austin and Jerry Middleton were occupants of a brand new 1978 four-door Chevrolet Caprice when the car crashed through a guard rail, dropped eighteen feet, and landed upside down in a ditch. Middleton subsequently died from the effects of hypothermia after he was removed from the wrecked auto by rescue personnel.

John C. Thrapp, as personal representative and special administrator for Middleton, brought a wrongful death action against...

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