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STATE v. MAGNUSON

No. 1-1084A263.

488 N.E.2d 743 (1986)

STATE of Indiana, Appellant (Defendant below), v. Jerold Leon MAGNUSON, Appellee (Plaintiff and Counter-Defendant below). and Doris Orme (Defendant and Counter-Plaintiff below), Board of Commissioners of Floyd County (Defendant below), Stephen M. Gammons (Plaintiff below), Justin Andrew Magnuson, (Plaintiff below).

Court of Appeals of Indiana, First District.

February 12, 1986.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Thomas Ralph Hamill, G. Richard Potter, Robert S. Spear, Deputy Attys. Gen., Indianapolis, for appellant.

W. Brent Gill, Sharon L. Hulbert, Law Offices of Roger L. Pardieck, Seymour, David P. Allen, Allen & Newkirk, Farmers-Citizens State Bank, Salem, for appellee.

ROBERTSON, Presiding Judge.

Defendant-appellant State of Indiana (State) appeals from a judgment entered on a jury verdict in favor of Jerold Magnuson (Magnuson) in the amount of $209,000.

We affirm.

The facts most favorable to the judgment are summarized as follows. On December 5, 1979, Magnuson was driving in a southerly direction on Highway 111 in Floyd County, Indiana. Magnuson's son and Stephen Gammons (Gammons) were passengers in the car. As...

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