ELLSWORTH v. MOCKLER

No. S 81-321.

554 F.Supp. 1072 (1983)

Mary ELLSWORTH, Administratrix of the Estate of Ellsworth, Deceased, Plaintiff, v. Randall MOCKLER, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

January 12, 1983.


Attorney(s) appearing for the Case

Douglas D. Seely, Jr., Mishawaka, Ind., for plaintiff.

R. Kent Rowe, South Bend, Ind., John D. Ulmer, Goshen, Ind., for defendant.


MEMORANDUM AND ORDER

SHARP, Chief Judge.

The question here presented is whether this Court can exercise jurisdiction under 42 U.S.C. § 1983 for a claim based on the alleged negligence of the operator of a state owned automobile for damages for wrongful death sustained in an intersectional collision.

A brief statement of the facts and procedural history will suffice.

In the early morning hours of July 11, 1981 the defendant, Randall Mockler...

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