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HOBBLE BY AND THROUGH HOBBLE v. BASHAM

No. 22A04-9006-CV-290.

575 N.E.2d 693 (1991)

TRACY HOBBLE, BY AND THROUGH Her Next Friend, Michael C. Hobble, Appellant (Plaintiff below), v. David BASHAM and Delight Wholesale Company, Inc., a/k/a Circus Delight Ice Cream Co., Appellee (Defendants below).

Court of Appeals of Indiana, Fourth District.

August 5, 1991.

Attorney(s) appearing for the Case

Richard L. Mattox, Richard A. Bierly, Wyatt, Tarrant, Combs & Orbison, New Albany, for appellant.

Irvin H. Sonne, III, Tackett, Taurman & Sonne, P.C., New Albany, for appellee.

MILLER, Judge.

Two year-old Tracy Hobble was struck by an automobile as she crossed a New Albany street to get to an ice cream truck. Her parents sued Margaret Jantzen, the driver of the car, and David Basham and Delight Wholesale Company, Inc. (collectively Delight), the operator and the owner of the truck, for negligence. The complaint alleged that the truck was operating in violation of a New Albany ordinance which required ice cream trucks which stop and vend...

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