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GATES v. ROSENOGLE

No. 3-782A164.

452 N.E.2d 467 (1983)

Terry L. GATES, Defendant-Appellant, v. Toni ROSENOGLE, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

August 25, 1983.

Attorney(s) appearing for the Case

Robert J. Palmer, John J. Lorber, May, Oberfell, Helling, Lorber, Campiti & Konopa, South Bend, for defendant-appellant.

Michael W. Cotter, Robert L. Stephan, South Bend, for plaintiff-appellee.

GARRARD, Judge.

Terry Gates appeals an award of $50,000 in damages. The award was the product of a motorcycle accident on May 15, 1979. On that afternoon, Toni Rosenogle and her boyfriend had four friends over for a cookout. One of these friends, Charlie Coy, left the cookout and returned with a quantity of beer. Rosenogle did not drink any of it. Coy, another friend named Michael Querry, and others did. Rosenogle saw Querry have several bottles of the beer.

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