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FULLENKAMP v. NEWCOMER

No. 2-1085A319.

508 N.E.2d 37 (1987)

Christian FULLENKAMP and Hemmelgarn & Sons, Inc., v. James A. NEWCOMER and Dorothy J. Newcomer, Appellees (Plaintiffs below), and Delbert Mauller and Warren Groscost, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

May 28, 1987.

Attorney(s) appearing for the Case

David L. Kiley, Sr., H. Joseph Certain, Kiley, Osborn, Brown, Kiley, Harker and Rogers, Marion, for appellants.

Malcom M. Metzler, Robert C. Beasley, White, Beasley, Gilkison, Retherford and Buckles, Muncie, for appellees James A. Newcomer and Dorothy J. Newcomer.

John M. Feick, Cross, Marshall, Schuck, De Weese & Cross, Muncie, for appellees Mauller and Groscost.

SHIELDS, Presiding Judge.

Christian Fullenkamp and Hemmelgarn & Sons, Inc. appeal an adverse judgment in favor of James E. and Dorothy J. Newcomer. We reverse.

FACTS

On October 31, 1980, Fullenkamp, James E. Newcomer, and Delbert Mauller were involved in a multiple-vehicle accident on a two-lane highway in Delaware County, Indiana. Just prior to the accident Newcomer passed Fullenkamp, who was driving an egg truck. After returning to the right...

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