(DOWNLOAD) "Harold I. Logston v. State Indiana" by Supreme Court Of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Harold I. Logston v. State Indiana
- Author : Supreme Court Of Indiana
- Release Date : January 10, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On a wintry, icy afternoon, seventeen year-old Barbara Van Brees car was rounding a curve on a county road when it slammed almost head-on into a Harrison County dump truck. Barbara claimed that Donald Lincoln, the driver of the truck, was driving in the middle of the road and, when she attempted to avoid a collision, the car slid on some ice and she lost control. Along with her parents, Barbara sued Harrison County, the County Board of Commissioners, the County Highway Department, and Lincoln, a County employee (collectively referred to as "County")[Footnote 1] At the jury trial, after Van Brees presentation of evidence, the Judge eliminated Van Brees claims that the County negligently maintained the road by not removing snow, ice and over-grown vegetation and that Lincolns conduct was willful, wanton and reckless. The jury rejected Van Brees remaining claim that Lincoln was negligent in his operation of the truck. On appeal, she claims the trial court erred by 1) removing her claims that the County negligently maintained the road and that Lincolns conduct was willful, wanton, and reckless from the jury; 2) correcting an instruction on sudden emergency before the jury retired; and 3) permitting the County to cross-examine a witness about Van Brees driving ability after the accident.
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