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GRAND TRUNK WESTERN R.R. CO. v. PURSLEY

No. 46A03-8802-CV-64.

530 N.E.2d 139 (1988)

GRAND TRUNK WESTERN RAILROAD COMPANY, Appellant (Defendant below), v. David M. PURSLEY, Administrator of the Estate of Patricia C. Shawver, Deceased, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied December 15, 1988.

Attorney(s) appearing for the Case

Robert J. Konopa, Kramer, Butler, Simeri, Konopa & Laderer, South Bend, for appellant.

Hugo E. Martz, Valparaiso, Steven A. Hale, Michigan City, for appellee.

STATON, Judge.

Grand Trunk Western Railroad Company (Grand Trunk) appeals the trial court's order granting a new trial. We have consolidated and restated the issues as follows:

Whether, during a jury view, a party is permitted to re-create the scene of an accident.

Affirmed.

At about 7:00 p.m. on November 18, 1982, Patricia C. Shawver was struck and killed by a Grand Trunk train approximately 738 feet east of Yellowstone Road in Valparaiso...

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