MILAM v. STATE FARM MUT. AUTO. INS. CO.

No. 91-1878.

972 F.2d 166 (1992)

Sandra K. MILAM, widow of Steven R. Geiger, individually and as natural tutrix of the estates of her minor children, Emil J. Geiger and Amy N. Geiger, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1992.


Attorney(s) appearing for the Case

Paul H. Due (argued), Due, Smith, Caballero & Price, Baton Rouge, La., Thomas J. Young, Young & Riley, Indianapolis, Ind., for plaintiffs-appellants.

John D. Cochran, Jr. (argued), Kenneth M. Wahnsiedler, Young, Cochran & Reese, Indianapolis, Ind., Anthony J. Clesi, Ward & Clesi, New Orleans, La., for defendant-appellee.

Before POSNER and KANNE, Circuit Judges, and VAN SICKLE, Senior District Judge.


POSNER, Circuit Judge.

Stephen Geiger was driving eastbound on an interstate highway in Indiana when a truck crossed the median from the west-bound lanes and struck his car, killing him. The driver of the truck had lost control when it struck another truck's wheel (that is, the tire and rim assembly) that, we are required to assume, was upright and rolling in his lane. It was night and no one saw where the wheel came from or even whether it was rolling toward or away...

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