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CORRELL v. INDIANA DEPT. OF TRANSP.

No. 84A04-0112-CV-549.

783 N.E.2d 706 (2002)

Dusty Dawn Smith CORRELL, Appellant-Plaintiff, v. INDIANA DEPARTMENT OF TRANSPORTATION, Appellee-Defendant.

Court of Appeals of Indiana.

Transfer Denied March 14, 2003.

Attorney(s) appearing for the Case

Mary Lou Reynolds, Gerald H. McGlone, Terre Haute, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Janet L. Parsanko, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

Dusty Dawn Smith Correll appeals the trial court's grant of summary judgment in favor of the Indiana Department of Transportation ("INDOT"). Upon appeal, Smith Correll claims that the trial court erred in entering summary judgment that absolved INDOT of liability by holding that the act of a drunk driver in causing her injuries constituted an independent, superceding cause.

We reverse and remand.

FACTS AND PROCEDURAL...

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