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HOWARD COUNTY BD. OF COM'RS v. LUKOWIAK

No. 34A02-0310-CV-916.

810 N.E.2d 379 (2004)

HOWARD COUNTY BOARD OF COMMISSIONERS, Appellant-Defendant, v. Kellie and Paul LUKOWIAK, Appellees-Plaintiffs.

Court of Appeals of Indiana.

June 16, 2004.

Attorney(s) appearing for the Case

R. Christopher McGrath, Zachary J. Stock, Mandel, Pollack & Horn, P.C., Indianapolis, IN, Attorneys for Appellant.

Mark E. Kuntz, Bolinger, Bolinger & Kuntz, Kokomo, IN, Attorney for Appellees.

OPINION

SULLIVAN, Judge.

The Howard County Board of Commissioners ("the Board") brings this interlocutory appeal from the denial of its motion for summary judgment in the action filed by Kellie and Paul Lukowiak for damages suffered as a result of an accident between Kellie and Stephen Harvey, an employee of the Howard County Corrections Department.

We affirm in part and reverse in part.

On March 28, 2001, Kellie and Harvey were involved...

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