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SCHWARTZ v. ZENT

No. 3-882A213.

448 N.E.2d 38 (1983)

Timothy D. SCHWARTZ, Appellant (Plaintiff below), v. John ZENT, Carl Mosher, Deborah Mosher, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied June 1, 1983.

Transfer Denied September 1, 1983.

Attorney(s) appearing for the Case

Lawrence A. Levy, Fort Wayne, for appellant.

J. Frank Kimbrough, Wilks & Kimbrough, Fort Wayne, for John Zent.

Alan VerPlanck, Barrett, Barrett & McNagny, Fort Wayne, for Carl Mosher and Deborah Mosher.

STATON, Judge.

Timothy Schwartz sued Carl and Deborah Mosher (the landowners) and John Zent (the hunter) for damages resulting from a hunting accident. At the close of Schwartz's evidence, the trial court directed a verdict in favor of the landowners. The trial continued against the hunter, and a judgment was rendered against him for $30,000.00. Before this appeal was taken from the judgment, the hunter paid $30,000.00 to Schwartz. In this appeal, Schwartz raises...

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