WEINAND v. JOHNSON

No. 35A04-9208-CV-279.

622 N.E.2d 1321 (1993)

Darlene WEINAND and Michael A. Weinand, Appellants-Plaintiffs, v. Donald R. JOHNSON, Appellee-Defendant.

Court of Appeals of Indiana, Fourth District.

November 4, 1993.


Attorney(s) appearing for the Case

John P. Bullman, Bullman Law Office, Fort Wayne, for appellants-plaintiffs.

John F. Lyons, Alan Verplanck, Kathleen M. Anderson, Barrett & McNagny, Fort Wayne, for appellee-defendant.


MILLER, Judge.

In this personal injury action, plaintiff Darlene Weinand claims the trial court committed reversible error by giving a "mere accident" instruction. We agree, and reverse and remand for a new trial.

FACTS

At about 4:30 p.m. on Friday, June 22, 1990, Darlene Weinand, age 29, was south-bound on Lafayette Street in Fort Wayne. The road was wet and it was rush hour. She was going to the Southgate Shopping Center to get a prescription...

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