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STATE v. EATON

No. 69A05-9402-CV-59.

659 N.E.2d 232 (1995)

STATE of Indiana and Indiana State Highway Department, Appellants-Defendants, v. James R. EATON, Shirley Eaton, as Legal and Natural Guardians of Jeffrey J. Eaton, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied February 23, 1996.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General, David F. Hurley, Deputy Attorney General, Indianapolis, for appellant.

G. Terrence Coriden, Lawson, Pushor, Mote & Coriden, Columbus, for appellee.

OPINION

RUCKER, Judge.

Jeffrey Eaton, a minor, was injured in a collision occurring on a State highway. His parents, acting as guardians, sued the State on Jeffrey's behalf and also sued on their own behalf for loss of services. After a trial by jury the Eatons received two awards for damages which together exceeded the cap imposed by the Indiana Tort Claims Act. The State now appeals raising four issues for our...

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