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BUTLER v. WILLIAMS

No. 47A01-8802-CV-00042.

527 N.E.2d 231 (1988)

William BUTLER and Leland Butler d/b/a Butler Insurance and Hawkeye-Security Insurance Company, Defendants-Appellants, v. Dale O. WILLIAMS, Laveina Williams, Steve Williams and Stacie Williams, by Her Next Friend, Dale O. Williams, Plaintiffs-Appellees, and Jess Martindale, Defendant-Non-Appealing.

Court of Appeals of Indiana, First District.

August 30, 1988.

Attorney(s) appearing for the Case

Peter G. Tamulonis, Michael E. Brown, John B. Drummy, Kightlinger & Gray, Indianapolis, for William Butler and Leland Butler d/b/a Butler Ins.

Michael K. Irwin, Donn H. Wray, Stewart & Irwin, Indianapolis, for Hawkeye-Sec. Ins. Co.

W. Brent Gill, Roger L. Pardieck, Pardieck & Gill, Seymour, for appellees.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Appeal from denial of motion to dismiss an action for damages for failure to obtain proper insurance for a tavern. We reverse.

FACTS

On December 24, 1981, the Williamses sustained personal injuries in an automobile accident allegedly caused by Wilbur DePhue. DePhue apparently had become intoxicated at the Pit Stop tavern which was operated by the Morgans. Sometime prior to the collision, Butler...

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