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PUBLIC SERVICE CO. OF INDIANA, INC. v. GIBBS

No. 2-483A100.

460 N.E.2d 992 (1984)

PUBLIC SERVICE COMPANY OF INDIANA, Inc., Defendant-Appellant, v. Joseph E. GIBBS and Elizabeth Gibbs, Plaintiffs-Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied May 2, 1984.

Attorney(s) appearing for the Case

H. Roy Martin, Martin, Wharry & Disler, Lebanon, Gregory A. Troxell, Plainfield, Lester N. Bergum, Jr., Robison, Robison, Bergum & Johnson, Frankfort, for defendant-appellant.

Lawrence McTurnan, McTurnan & Meyer, Indianapolis, George G. Ponton, Frankfort, for plaintiffs-appellees.

ROBERTSON, Judge (Writing by Designation).

Public Service Company of Indiana, Inc. (PSI) appeals the trial court's judgment awarding $605,498.87 to the plaintiff-appellee, Joseph E. Gibbs (Gibbs), and $15,000 to his wife, Elizabeth. PSI neither challenges the proceedings before the trial court nor the determination that it breached its duty of care, but contends it is entitled to a judgment as a matter of law because of the doctrines of contributory negligence and...

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