RAUCK v. HAWN

No. 39A01-9003-CV-108.

564 N.E.2d 334 (1990)

Brian RAUCK, Appellant (Defendant below), v. Michael HAWN, Appellee (Plaintiff below), and Jerome Schafer, Jr., Appellee (Defendant below).

Court of Appeals of Indiana, First District.

December 27, 1990.


Attorney(s) appearing for the Case

Peter G. Tamulonis, Donald L. Dawson, John B. Drummy, Kightlinger & Gray, Indianapolis, for appellant.

Edwin S. Sedwick, Sedwick & Sedwick, and Ernest W. Smith, Jeffersonville, for appellee.


ROBERTSON, Judge.

Brian Rauck, defendant below, appeals the denial of his motion for summary judgment and the entry of summary judgment in favor of co-defendant, Jerome Schafer, Jr.

We affirm.

Plaintiff Michael Hawn sustained injury on the morning of May 15, 1988 when defendant Scott Fleming, the brother of a friend with whom Hawn had been camping, drove the pickup truck in which Hawn was sleeping into a tree. Over the prior twelve hours, Fleming had...

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