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LEWIS v. ESTATE OF WYNN

No. 10A01-0804-CV-157.

900 N.E.2d 476 (2009)

Gary LEWIS, as Personal Representative of the Estate of Linda S. Lewis, Appellant-Plaintiff, v. ESTATE OF Alvis WYNN, Patricia Wynn as Personal Representative of The Estate of Alvin Wynn, and Phyllis Wynn, Appellees-Defendants.

Court of Appeals of Indiana.

January 30, 2009.

Attorney(s) appearing for the Case

Micahel Maschmeyer, David Nachand, Jeffersonville, IN, Attorneys for Appellant.

Thomas E. Scifres, Thomas E. Scifres, P.C., Salem, IN, Attorney for Appellee.

OPINION

MAY, Judge.

On March 29, 2005, Alvis Wynn shot and killed his step-daughter, Linda Lewis and then killed himself. Linda's personal representative, her husband Gary Lewis, filed a wrongful death claim against Alvis' estate and a negligence claim against Phyllis Wynn, who is Linda's mother and Alvis' wife.1 Gary alleged Phyllis "procured or possessed" the gun used in the shooting and "negligently stored, entrusted, monitored...

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