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STEPHENSON v. LEDBETTER

No. 49S04-9208-CV-607.

596 N.E.2d 1369 (1992)

Jamise (Miller) STEPHENSON, Administratrix of the Estate of David Miller, Appellant (Plaintiff below), v. Gary LEDBETTER, Appellee (Defendant below).

Supreme Court of Indiana.

August 6, 1992.

Attorney(s) appearing for the Case

George Clyde Gray, Steven R. Fox, Gray Robinson Eckert & Ryan, Indianapolis, for appellant.

Edward R. Hannon, Douglas A. Tresslar, Harrison & Moberly, Indianapolis, for appellee.

SHEPARD, Chief Justice.

The estate of David Miller seeks compensation from Gary Ledbetter, who was driving his friends home from a night of drinking and entertainment when Miller fell out of the back of the truck and died. We grant transfer to explore the nature of the duty which a driver owes to an intoxicated passenger.

The trial court granted summary judgment for the driver, appellee Ledbetter. The Court of Appeals reversed and remanded for a trial.

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