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STATE v. McKENZIE

No. 92A03-9007-CV-0296.

576 N.E.2d 1258 (1991)

STATE of Indiana and Indiana Department of Highways, Appellants (Defendants below), v. Karin D. McKenzie, Individually, and As Personal Representative of the Estate of Brian C. McKenzie, Deceased, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied October 22, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., G. Richard Potter, Angela L. Cheser, Deputy Attys. Gen., Indianapolis, for appellants.

John F. Lyons, John M. Clifton, Jr., Kevin K. Fitzharris, Barrett & McNagny, Fort Wayne, for appellee.

STATON, Judge.

The State of Indiana, Department of Highways appeals the grant of a new trial. Although the parties couch the dispute in a number of issues, these may be consolidated to the following two:

I. Whether the trial court erred in granting a new trial after the jury returned a verdict for the plaintiff in the amount of $50,000. II. Whether the trial court should have limited its grant of a new trial to the issue of damages.

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