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BUTLER v. CITY OF PERU

No. 52A02-9803-CV-269.

714 N.E.2d 264 (1999)

Miriam BUTLER, Individually, and as Personal Representative of the Estate of James E. Butler, and Mark Butler, Individually and as a Partially Dependent Child of James E. Butler, Appellant-Plaintiff, v. CITY OF PERU and Peru Municipal Utilities, Appellee-Defendants.

Court of Appeals of Indiana.

July 7, 1999.

Attorney(s) appearing for the Case

Donald J. Tribbett, Starr Austen Tribbett & Myers, Logansport, Indiana, Attorney for Appellant.

Thomas J. Trauring, Fell, McGarvey, Trauring & Wilson, Kokomo, Indiana, Attorney for Appellee.

OPINION

FRIEDLANDER, Judge.

James Butler was employed as a maintenance worker for the Peru Community School Corporation. In September 1993, Butler was killed when he came into contact with a high voltage electrical line while attempting to repair an electrical problem at the baseball field at Peru High School (the School). Miriam Butler and Mark Butler, James's widow and child, respectively, (the Butlers) filed a wrongful death lawsuit against the City of...

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