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HINKLEY v. MONTGOMERY WARD, INC.

No. 3-1284A333.

497 N.E.2d 255 (1986)

Judith HINKLEY, Richard Hinkley, Mary Hellemn and Betty Hellemn, Plaintiffs-Appellants, v. MONTGOMERY WARD, Incorporated, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied December 16, 1986.

Attorney(s) appearing for the Case

Harry A. Wilson, Jr., Wilson & Kehoe, John M. Choplin, II, Michelle A. Spahr, Norris, Choplin & Johnson, Indianapolis, John C. Grimm, Grimm & Grimm, Auburn, for plaintiffs-appellants.

John D. Walda, Ronald J. Ehinger, Barrett, Barrett & McNagny, Fort Wayne, for defendant-appellee.

GARRARD, Judge.

The appellant-plaintiffs, Judith and Richard Hinkley and Mary and Betty Hellemn appeal from a jury verdict in favor of the appellee-defendant, Montgomery Ward, Incorporated (Montgomery Ward).

The Hinkleys were in the business of hauling milk from local dairy farms to County Line Cheese. They used several vehicles in their business, including a 1978 Ford truck which was registered as having a gross weight of 30,000 pounds. In late March of 1979...

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