LOVINGS v. CLEARY

No. 64A03-0307-CV-273.

799 N.E.2d 76 (2003)

Stephen M. LOVINGS, Appellant-Plaintiff, v. Adam CLEARY, Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied February 25, 2004.


Attorney(s) appearing for the Case

Stephen Bower, Cohen and Thiros, P.C., Gregory W. Brown, Brown & Brown, Attorneys at Law, P.C. Merrillville, IN, Attorneys for Appellant.

Edward W. Hearn, Jon S. Diston, Spangler, Jennings & Dougherty, P.C., Valparaiso, IN, Attorneys for Appellee.


OPINION

BAILEY, Judge.

Case Summary

Appellant-Plaintiff Stephen M. Lovings ("Lovings") appeals a jury verdict in favor of Appellee-Defendant Adam Cleary ("Cleary") upon a personal injury claim. We reverse.

Issue

Lovings presents three issues for review, one of which we find dispositive: whether the giving of a sudden emergency instruction unsupported by the evidence is reversible error.

Facts and Procedural History

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