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WEAVER v. TUCKER

No. 3-583A138.

461 N.E.2d 1159 (1984)

Craig B. WEAVER, Appellant, v. Terry TUCKER, Appellee.

Court of Appeals of Indiana, Third District.

April 19, 1984.

Attorney(s) appearing for the Case

Kenneth R. Martin, Goshen, for appellant.

Edward N. Kalamaros, Thomas F. Cohen, Kalamaros & Associates, P.C., South Bend, for appellee.

HOFFMAN, Judge.

Craig Weaver was driving a motorcycle on County Road 36 in Wakarusa, Indiana at approximately 9:45 P.M. on April 21, 1980. Weaver collided with Terry Tucker's dog, which had broken its chain and escaped its enclosure. Weaver filed a complaint for damages alleging that Tucker was negligent in failing to confine the animal. The trial court granted Tucker's renewed motion for summary judgment and found that there was no evidence that Tucker had actual...

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