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BAILEY v. STATE FARM MUT. AUTO. INS. CO.

No. 88A01-0707-CV-306.

881 N.E.2d 996 (2008)

Noah BAILEY, Appellant-Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee-Defendant.

Court of Appeals of Indiana.

February 28, 2008.

Attorney(s) appearing for the Case

Daniel L. Brown, Allen, Allen & Allen, Salem, IN, Attorney for Appellant.

Kenneth G. Doane, Jr., George A. Budd, V, Ward, Tyler & Scott, LLC, New Albany, IN, Attorneys for Appellee.

OPINION

ROBB, Judge.

Case Summary and Issues

Noah Bailey appeals following a jury trial at which the jury found for the defendant below, State Farm Mutual Automobile Insurance Company ("State Farm"). Bailey raises two issues, which we restate as whether the trial court abused its discretion in denying Bailey's Motion to Conform Pleadings to the Evidence and in refusing to give Bailey's tendered instruction regarding a theory of negligent...

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