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SHEARER v. PLA-BOY, INC.

No. 90A04-8803-CV-82.

538 N.E.2d 247 (1989)

Phillip S. SHEARER and Karla Shearer, Appellants, v. PLA-BOY, INC., Kevin L. Donley, Pat Boylen, and Michael Placek, d/b/a Gophers, Appellees.

Court of Appeals of Indiana, Fourth District.

May 16, 1989.

Attorney(s) appearing for the Case

T. Dean Swihart, Boxberger Wernet Swihart Antalis & Renz, Fort Wayne, for appellants.

Thomas C. Ewing, Scott L. Bunnell, Hunt Suedhoff Borror & Eilbacher, Fort Wayne, for appellees.

MILLER, Judge.

On August 22, 1986 plaintiff-appellants Phillip and Karla Shearer (Shearer) filed suit against Kevin Donley and Donley's employers, Pla-Boy, Inc., Pat Boylen, and Michael Placek d/b/a Gophers (Employers) for personal injuries to Phillip resulting from a May 1985 automobile collision. Unbeknownst to Shearer, Donley had died two months before Shearer filed suit. In June, 1987 (more than 2 years after the accident), Shearer opened an estate for Donley...

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