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HUNTER v. BYRD

No. 77A01-9205-CV-151.

602 N.E.2d 1052 (1992)

Kathy A. HUNTER, Appellant-Defendant, v. Patricia A. BYRD, Appellee-Plaintiff, and Donald L. Gilbert and Patricia A. Gilbert, Appellee-Defendants.

Court of Appeals of Indiana, First District.

Transfer Denied February 1, 1993.

Attorney(s) appearing for the Case

William W. Drummy, John Christopher Wall, Wilkinson, Goeller, Modesitt Wilkinson & Drummy, Terre Haute, for appellant-defendant.

William J. Maher, Terre Haute, for Patricia A. Byrd.

Mark D. Hassler, Frey, Hunt, Hassler & Lorenz, Terre Haute, for Donald A. and Patricia A. Gilbert.

BAKER, Judge.

Plaintiff-appellee Patricia A. Byrd brought a wrongful death action against defendant-appellant Kathy A. Hunter, and defendant-appellees Donald and Patricia Gilbert, for the death of her son, Eric. The jury found Hunter was 51% at fault for Eric's death, Eric 49% at fault, and the Gilberts 0% at fault, but it awarded Byrd zero dollars in damages. Byrd filed a motion to correct error alleging the damages were inadequate. The trial court granted her a...

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