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OVERALL v. STATE

No. 64A03-8706-CV-154.

525 N.E.2d 1275 (1988)

Renee H. OVERALL, Administratrix of the Estate of Willie Overall, Deceased, Appellant (Plaintiff below), v. STATE of Indiana, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied September 22, 1988.

Attorney(s) appearing for the Case

Delmar P. Kuchaes, Marshall P. Whalley, Chudom & Meyer, Schererville, for appellant.

Linley E. Pearson, Atty. Gen., Thomas R. Hamill, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Judge.

Renee H. Overall as administratrix of the estate of Willie Overall appeals the trial court's entry of a judgment on the evidence in favor of the State of Indiana. The estate brought a wrongful death action against the State after Willie was struck and killed by a motorist as he was attempting to walk home upon his release from a mental hospital.

The evidence relevant to this appeal discloses that Willie was an attentive father and husband and...

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