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WHITMORE v. SOUTH BEND PUBLIC TRANSP. CORP.

No. 71A03-1306-CT-242.

7 N.E.3d 994 (2014)

Justin WHITMORE, Appellant-Plaintiff, v. SOUTH BEND PUBLIC TRANSPORTATION CORPORATION a/k/a Transpo, Appellee-Defendant.

Court of Appeals of Indiana.

Ordered Published April 3, 2014.

Attorney(s) appearing for the Case

Daniel H. Pfeifer , Jerome W. McKeever , Pfeifer, Morgan & Stesiak, South Bend, IN, Attorney for Appellant.

Jamie C. Woods , James R. Byron , Thorne Grodnik, LLP, Mishawaka, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

In this case we consider an unprovoked tortious assault on an appellee-defendant South Bend Public Transportation Corporation (TRANSPO) bus. Here, the trial court granted summary judgment in favor of TRANSPO on appellant-plaintiff James Whitmore's negligence complaint, determining that Whitmore's action on the bus constituted contributory negligence. Whitmore now appeals, arguing that his actions were not contributory negligence and...

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