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NECESSARY v. INTER-STATE TOWING

No. 49A02-9703-CV-188.

697 N.E.2d 73 (1998)

Scott E. NECESSARY, Administrator of the Estate of Juanita Necessary, Deceased, Appellant-Plaintiff, v. INTER-STATE TOWING, Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied August 7, 1998.

Attorney(s) appearing for the Case

D. Bruce Kehoe, Ralph E. Dowling, Wilson Kehoe & Winingham, Indianapolis, for Appellant-Plaintiff.

Kevin C. Schiferl, Robert W. Wright, Dean R. Brackenridge, Locke Reynolds Boyd & Weisell, Indianapolis, for Appellee-Defendant.

OPINION

KIRSCH, Judge.

Scott A. Necessary, as Administrator of the Estate of Juanita Necessary, appeals the entry of partial summary judgment in the wrongful death action against Inter-State Towing, Inc., contending that the trial court erred in finding that Scott in his individual capacity and Joseph T. Necessary were not dependents under the Indiana wrongful death statute.1

We reverse and remand.

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