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DAUGHERTY v. FULLER ENGINEERING

No. 80A02-9301-CV-24.

615 N.E.2d 476 (1993)

Sharon A. DAUGHERTY, the Administrator of the Estate of Her Deceased Husband, Max Thomas Daugherty, Appellant-Plaintiff below, v. FULLER ENGINEERING Service Corporation: Big D Crane Service, Inc.: Browning Construction, Inc.: Donald J. Dotlich: Individually and in His Capacity As an Officer and Owner of Big D Crane Service, Inc.: William Quinley, Individually and in His Capacity As an Agent of Browning Construction, Inc.: Lawrence Jett and Frank Fellows, Individually and in Their Capacities As Employees of Fuller Engineering Service Corporation, Appellees-Defendants below.

Court of Appeals of Indiana, Third District.

Transfer Denied September 13, 1993.

Attorney(s) appearing for the Case

Frank J. Price, Gary W. Bippus, Ricos and Price, Indianapolis, for appellant-plaintiff.

Mary Jo Hunter Wedding, Peter A. Schroeder, Norris, Choplin & Schroeder, Indianapolis, for Browning Const., Inc., and William Quinley.

STATON, Judge.

Sharon Daugherty, administratrix of the estate of Max Daugherty, appeals a grant of summary judgment in favor of Browning Construction, Inc. and William Quinley in a wrongful death action. Daugherty presents three issues for our review:

I. Whether the trial court erroneously concluded that Browning and its employee Quinley owed no duty to Daugherty. II. Whether a jury question exists concerning the status of Donald Dotlich as an employee...

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