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WABASH GRAIN, INC. v. SMITH

No. 61A01-9709-CV-321.

700 N.E.2d 234 (1998)

WABASH GRAIN, INC., Appellant-Defendant, v. Robert E. SMITH, Appellee-Plaintiff, v. AMERICAN CAR & FOUNDRY INDUSTRIES, INC., and CSX Transportation Corporation, Defendants.

Court of Appeals of Indiana.

September 30, 1998.

Attorney(s) appearing for the Case

David W. Sullivan, Scott Craig, Cox, Zwerner, Gambill & Sullivan, Terre Haute, for Appellant-Defendant.

John C. Trimble, Anthony M. Eleftheri, Lewis & Wagner, Indianapolis, for Appellee-Plaintiff.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

On May 14, 1993, Robert E. Smith suffered personal injuries while inspecting grain in a grain elevator operated by C & S Grain Co., Inc., an Indiana corporation ("C & S of Indiana"). In January of 1994, C & S of Indiana changed its name to Wabash Grain, Inc. ("Wabash Grain"). On May 4, 1995, Smith filed a complaint for damages in the United States District Court for the Southern District of...

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