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BITZER v. PRADZIAD

No. 37A03-8909-CV-407.

571 N.E.2d 593 (1991)

Anita Jane BITZER, Administratrix of the Estate of Paul Daniel Bitzer, Deceased, Appellant-Cross-Appellee (Plaintiff-Counterdefendant below), v. Andrew J. PRADZIAD, Appellee-Cross-Appellant (Defendant-Counterplaintiff below), and the American Legion, a National Corporation, and the American Legion, Indiana Department, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied August 16, 1991.

Attorney(s) appearing for the Case

Steven W. Handlon, Handlon & Handlon, Portage, William F. Satterlee, III, Katharine E. Gerken, Heidi B. Jark, Valparaiso, for appellant-cross-appellee, Anita Jane Bitzer, Administratrix of the Estate of Paul Daniel Bitzer, Deceased.

Robert P. Harper, Harper & Rogers, Robert P. Stoner, Spangler, Jennings & Dougherty, P.C., Valparaiso, Robert J. Konopa, American Legion, Indiana Dept., South Bend, for appellees & appellee-cross-appellant.

GARRARD, Judge.

This wrongful death action arose out of an automobile collision. The defendants were the driver of the other car (Pradziad), the national corporation of the American Legion (the national legion) and the Indiana Department of the American Legion (the department).

The facts disclose that at about 10:30 p.m. on December 19, 1985 about a mile west of Kouts, Indiana, Pradziad's westbound auto collided with Bitzer's eastbound vehicle. Bitzer died...

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