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CARBO, INC. v. LOWE

No. 37A03-8707-CV-184.

521 N.E.2d 977 (1988)

CARBO, INC. d/b/a Black Horsemen Liquors and Terrill Triggs, Defendants-Appellants, v. Kathy LOWE, As Administratrix of the Estate of William C. Lowe, Jr., Deceased, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

April 21, 1988.

Attorney(s) appearing for the Case

Daniel A. Gioia, Kathleen M. Maicher, Spangler, Jennings, Spangler & Dougherty, P.C., Merrillville, for defendants-appellants.

Harry A. Psimos, Mark A. Psimos, John Kappos, Merrillville, for plaintiff-appellee.

GARRARD, Presiding Judge.

Appellants, Carbo, Inc. doing business as Black Horsemen Liquors and Terrill Triggs, appeal from a jury verdict against them awarding appellee Kathy Lowe $500,000.00 in a wrongful death action. We reverse.

The facts most favorable to the verdict show that the decedent, William Lowe, entered the Black Horsemen Liquor Store shortly after 11:00 p.m. on December 8, 1981. Terrill Triggs, a part-time clerk at the liquor store, and Robert...

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