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SMITH v. INSURANCE CO. OF NORTH AMERICA

No. 3-1279A355.

411 N.E.2d 638 (1980)

Ronald SMITH, d/b/a Smith's Trailer Sales, Appellant-Defendant, v. INSURANCE COMPANY OF NORTH AMERICA, Appellee-Plaintiff.

Court of Appeals of Indiana, Fourth District.

October 21, 1980.

Attorney(s) appearing for the Case

John J. Lorber, May, Oberfell, Helling, Lorber, Campiti & Konopa, South Bend, for appellant defendant.

R. Kent Rowe, Paul M. Oleniczak, Robert C. Douglas, Jr., Rowe & Laderer, South Bend, for appellee plaintiff.

CHIPMAN, Judge.

This appeal arises from a negligence action wherein Insurance Company of North America, (North America) as subrogee of its insured, Basil Metz, d/b/a Tredit Tire Company, (Tredit) sought judgment for damages allegedly caused by an employee of defendant appellant Ronald Smith, d/b/a Smith's Trailer Sales (Smith). The complaint charged Smith's employee with negligently starting a trash fire and permitting it to spread to Tredit Tire's property, damaging...

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