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STEPANEK v. DURBIN

No. 12A05-9309-CV-333.

640 N.E.2d 429 (1994)

Michele M. STEPANEK, Appellant-Plaintiff, v. Jeffrey A. DURBIN, Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

Transfer Denied December 22, 1994.

Attorney(s) appearing for the Case

Steven T. Parkman, Sweeney & Pfeifer, South Bend, for appellant.

James R. Fleming, Simmons & Fleming, Kokomo, for appellee.

BARTEAU, Judge.

Michele M. Stepanek appeals from a negative judgment in her personal injury action against Jeffrey A. Durbin. The three issues presented by Stepanek relate to the instruction of the jury. We reverse.

FACTS

On a January morning in 1989, Stepanek and Durbin were both driving northbound on U.S. 31. It was rainy and foggy, with the rain gradually turning to ice. After observing southbound vehicles flashing their headlights for...

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