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MILLER v. INDIANA STATE HIGHWAY DEPT.

No. 43A04-8602-CV-43.

507 N.E.2d 1009 (1987)

Alvin MILLER and Lydia Miller, Appellants (Plaintiffs below), v. INDIANA STATE HIGHWAY DEPARTMENT, Board of Commissioners of Marshall County, Indiana, Appellees (Defendants below). Robert Breeden, Joyce Breeden, and Garnetta Light, Appellants (Plaintiffs below), v. Indiana State Highway Department and Board of Commissioners of Marshall County, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

May 21, 1987.

Attorney(s) appearing for the Case

R. Kent Rowe, Jerry E. Huelat, Gerald A. Kamm, Doran, Manion, Boynton, Kamm & Esmont, South Bend, Donald J. Parker, Chicago, Ill., for appellants.

Linley E. Pearson, Atty. Gen., Robert F. Hassett, Deputy Atty. Gen., Indianapolis, Edward N. Kalamaros, Thomas F. Cohen, South Bend, for appellees.

YOUNG, Judge.

On July 2, 1982, Alvin and Lydia Miller toured a house located in Bourbon, Indiana. Mr. Miller's brother led the way to the house since the Miller's had never been there before. After the visit, the Millers left without the aid of Mr. Miller's brother and without being familiar with the roads upon which they were traveling.

While driving on East 7th Road, Mr. Miller saw a "slit of red," realized he was approaching an intersection and applied...

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