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SCHLOSSER v. ROCK INDUSTRIES, INC.

No. 50S03-0403-CV-118.

804 N.E.2d 1140 (2004)

Julee SCHLOSSER, as Administratrix of the Estate of Jocelyn H. Schlosser, Deceased; Jordan Schlosser, Individually and on Behalf of Madysen Wagoner, a Minor; and Joshua Wagoner, on Behalf of Madysen Wagoner, a Minor, Appellants (Plaintiffs below), v. ROCK INDUSTRIES, INC., Appellee (Defendant below). State of Indiana, Appellant (Plaintiff below), v. Rock Industries, Inc., Appellee (Defendant below).

Supreme Court of Indiana.

March 11, 2004.

Attorney(s) appearing for the Case

Douglas D. Small, Foley & Small, South Bend, IN, Steve Carter, Attorney General of Indiana, John H. Lewis, Indianapolis, IN, Attorneys for Appellants.

Don G. Blackmond, Jr., Peter J. Van Dyke, Doran Blackmond LLP, South Bend, IN, Attorneys for Appellee.

On Petition To Transfer from the Indiana Court of Appeals, No. 50A03-0302-CV-56

RUCKER, Justice.

Based on the "acceptance rule" the trial court granted summary judgment in an action arising out of an automobile collision. In an opinion handed down today we abandoned the rule. See Peters v. Forster, 804 N.E.2d 736 (Ind.2004). We therefore grant transfer and reverse the...

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