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INDIANA DEPT. OF TRANSP. v. HOWARD

No. 46A05-0701-CV-36.

879 N.E.2d 1119 (2008)

INDIANA DEPARTMENT OF TRANSPORTATION and State of Indiana, Appellants-Defendants, v. Robert HOWARD and Lynn Howard, Individually and as Co-Administrators of the Estate of Amber L. Howard, E & B Paving, Inc. d/b/a Cedar Crest Enterprises d/b/a Mohr Construction Company, United Rentals (North America), Inc., d/b/a United Rentals Highway Technologies, Inc., d/b/a United United Rentals Norwest, Inc., d/b/a United Rentals, Inc., and Calvin Napier, Appellees-Plaintiffs.

Court of Appeals of Indiana.

January 28, 2008.

Attorney(s) appearing for the Case

Robert J. Palmer, D. Andrew Spalding, May Oberfell Lorber, Mishawaka, IN, Attorneys for Appellants.

Bruce P. Clark, Stacy J. Vasilak, Bruce P. Clark & Associates, Munster, IN, Attorneys for Appellees.

OPINION ON REHEARING

ROBB, Judge.

Case Summary and Issue

Robert and Lynn Howard, individually and as co-administrators of the Estate of Amber Howard, filed a lawsuit against, among others, the Indiana Department of Transportation, the State of Indiana, and E & B Paving, Inc., for damages resulting from a single-car accident in which Amber sustained fatal injuries. The trial court granted the Howards' and E & B Paving's motions to...

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