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KUBA v. RISTOW TRUCKING CO., INC.

No. 86-2055.

811 F.2d 1053 (1987)

Evelyn C. KUBA, as Executrix of the Estate of Earnest Kuba, Plaintiff-Appellant, v. RISTOW TRUCKING COMPANY, INC., and the Estate of Myron C. Sheban, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 2, 1987.

Attorney(s) appearing for the Case

Sherrill Wm. Colvin, John O. Feighner, Snouffer, Haller, & Colvin, Ft. Wayne, Ind., for plaintiff-appellant.

Charles W. McNagny, William F. McNagny, Barrett & McNagny, Ft. Wayne, Ind., for defendants-appellees.

Before CUMMINGS, CUDAHY, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

A jury found that Myron Sheban (and vicariously his employer, Ristow Trucking Co.) negligently caused the death of Earnest Kuba in a head-on, high-speed collision between their trucks. It assessed damages of $250,000, which the defendants have paid. Kuba's estate wants the damages trebled, on the authority of Ind.Code § 34-4-30-1, which provides that "[i]f a person suffers a pecuniary loss as a result of a violation of IC 35-43, he...

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