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HAMMOCK v. RED GOLD, INC.

No. 48A02-0201-CV-46.

784 N.E.2d 495 (2003)

Gerald HAMMOCK, Appellant-Defendant, v. RED GOLD, INC. and Liberty Mutual Group, As Subrogee of Red Gold, Inc., Appellees-Plaintiffs.

Court of Appeals of Indiana.

February 28, 2003.

Attorney(s) appearing for the Case

Donald K. McClellan, McClellan, McClellan & Arnold, Muncie, IN, Attorney for Appellant.

Carolyn Small Grant, Grant & Grant, Indianapolis, IN, Attorney for Appellee Liberty Mutual Group.

Craig R. Patterson, Matthew J. Elliott, Beckman Lawson, LLP, Fort Wayne, IN, Attorneys for Appellee Red Gold, Inc.

OPINION

SULLIVAN, Judge.

On August 31, 1998, Gerald Hammock was involved in an automobile accident in Alexandria, Indiana. Hammock's car struck an electric utility pole owned by American Electric Power, which caused the power at a Red Gold plant ("Plant"), located approximately 2 miles from Alexandria,1 to go out for nearly five hours.2 As a result of the power outage, Red Gold's operations ceased...

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