ROBERTSON, Judge.
This action arose out of a lawsuit initiated on January 14, 1980, by David and Donna Martin (Martins) against Richard Shea (Shea) to recover for personal injuries and loss of consortium. Shea filed a motion to dismiss pursuant to Ind. Rules of Procedure, Trial Rule 12(B)(6), for failure to state a claim, on January 25, 1980, which was denied on March 25, 1980. On January 27,
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