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THOMAS v. STATE

No. 37A03-9702-CV-52.

698 N.E.2d 320 (1998)

Itha D. and Gary THOMAS, Appellants-Plaintiffs, v. STATE of Indiana, Indiana DEPARTMENT OF TRANSPORTATION, Baker Concrete Construction Company, Inc., Shaffer Trucking Inc., Dyer Construction Corporation, and Dennis Boggs, Appellees-Defendants.

Court of Appeals of Indiana.

Transfer Denied October 28, 1998.

Attorney(s) appearing for the Case

Mark A. Dabrowski, Dabrowski & Huston, Kokomo, for Appellants-Plaintiffs.

Kenneth M. Wilk, Highland, for Baker Concrete Construction Company, Inc.

Patrick J. Dougherty, Edward W. Hearn, Spangler, Jennings & Dougherty, P.C., Valparaiso, for Dyer Construction Corp.

Ruben B. Shehigian, Jr., Chicago, for State of Indiana and IDOT.

Thomas J. Trauring, Fell, McGarvey, Trauring & Wilson, Kokomo, for Schaffer Trucking, Inc. and Dennis Boggs.

OPINION

STATON, Judge.

In this personal injury action, Itha D. and Gary Thomas appeal from the trial court's grant of two summary judgment motions, the first entered in favor of the owner and operator of the semi-tractor trailer that struck Itha Thomas, the second entered in favor of the prime contractor and subcontractor on a highway construction project where Itha Thomas was injured. The Thomases present two issues for our review which we restate as:<...

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