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ESTATE OF KUBA v. RISTOW TRUCKING CO., INC.

No. 94S00-8702-CQ-180.

508 N.E.2d 1 (1987)

ESTATE OF EARNEST E. KUBA, by Its Executrix, Evelyn C. Kuba, Appellant, v. RISTOW TRUCKING COMPANY, Inc., and the Estate of Myron C. Sheban, Appellee.

Supreme Court of Indiana.

May 26, 1987.

Attorney(s) appearing for the Case

Sherrill Wm. Colvin, John O. Feighner, Snouffer, Haller & Colvin, Fort Wayne, for appellant.

Charles W. McNagny, William F. McNagny, Barrett & McNagny, Fort Wayne, for appellee.

William F. Harvey, Indianapolis and Robert C. Beasley, Beasley Gilkinson Retherford Buckles & Clark, Muncie, Attys. for the Indiana Trial Lawyers Assn. as Amicus Curiae.

Robert B. Clemens, Indianapolis, Atty. for Insurance Institute of Indiana as Amicus Curiae.

DeBRULER, Justice.

This case comes before the court on certification of one principal and one subsidiary question, involving Indiana law, from the United States Court of Appeals for the Seventh Circuit. See Ind.R.App.P. 15(0).

A jury awarded $250,000.00 to appellant, Evelyn Kuba, as executrix of the estate of Earnest Kuba, and against appellees, estate of Myron Sheban and vicariously his employer, Ristow Trucking Co., Inc., in a wrongful death action...

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