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RANSBURG INDUSTRIES v. BROWN

No. 76A03-9507-CV-238.

659 N.E.2d 1081 (1995)

RANSBURG INDUSTRIES and/or d/b/a Devilbiss Ransburg Industrial Coating Equipment, Appellant-Defendant, v. Rebecca BROWN and Brett Brown, Appellee-Plaintiff, Freda, Inc., Appellee-Co-Defendant.

Court of Appeals of Indiana.

Rehearing Denied April 9, 1996.

Attorney(s) appearing for the Case

Philip E. Kalamaros, Edward N. Kalamaros & Associates, South Bend, for Appellant.

Kevin L. Likes, Likes & Associates, Auburn, Bruce P. Clark, Michael M. Oberman, Munster, for Appellee.

OPINION

GARRARD, Judge.

Rebecca Brown and Brett Brown filed this action against Ransburg Industries and Freda, Inc., seeking damages for the wrongful death of their son, Brandon Brown. We must determine whether the exclusive remedy provision of the Indiana Worker's Compensation Act1 bars a tort claim against an employer for prenatal injury occurring in the workplace. We conclude that the Act does not bar such a claim.

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