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HAMILTON v. DuBOIS

No. 3-885-A-218.

491 N.E.2d 213 (1986)

Jeryl HAMILTON and Marvin Hamilton, Appellants (Plaintiffs below), v. William Joseph DuBois and Patricia DuBois, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

April 15, 1986.

Attorney(s) appearing for the Case

Jay T. Hirschauer, Hirschauer & O'Neill, Logansport, for appellants.

Branch R. Lew, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for appellees.

STATON, Presiding Judge.

Jeryl and Marvin Hamilton (the Hamiltons) appeal from a negative jury verdict in their action to recover damages from an auto accident. The Hamiltons' car was struck by an automobile driven by William DuBois and owned by his mother, Patricia (the DuBoises). The following issues are presented to us for review:

(1) Whether the trial court erred by not withdrawing the issue of contributory negligence from the jury; (2) Whether...

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