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KOEHN v. DEVEREAUX

No. 3-285A31.

495 N.E.2d 211 (1986)

Jerry KOEHN, d/b/a Koehn & Moore Grain and Limestone Transporting Company and Estate of Robert A. Williams, et al., Appellants (Defendants below), v. Charmaine DEVEREAUX, Individually and As the Executrix of the Estate of Arnold Devereaux, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

July 16, 1986.

Attorney(s) appearing for the Case

R. Kent Rowe, Edmond W. Foley, Rowe & Laderer, South Bend, for appellants.

April Hansen, Peter L. Obremskey, Parr, Rickey, Obremskey & Morton, Lebanon, for amicus curiae.

Thomas C. Sopko, John C. Firth, Thomas C. Sopko & Associates, James R. Kuehl, Kuehl & Kuehl, South Bend, for appellee.

HOFFMAN, Judge.

At the time of his death, Arnold Devereaux was a veteran fireman with the LaPorte City Fire Department. According to the complaint, on May 1, 1980 Robert Williams was delivering limestone. He was operating a truck which was allegedly owned by Jerry Koehn, d/b/a Koehn & Moore Limestone Transporting Company (collectively referred to as Koehn). Williams was alleged to be an employee of Koehn. While Williams was operating the truck, it came into contact...

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