Hawkins v. Auto-Owners (Mutual) Insurance Co.

ON CIVIL PETITION TO TRANSFER

GIVAN, Justice.

The published opinion by the Court of Appeals appears at 579 N.E.2d 118. There, the Court of Appeals reversed the trial court's entry of judgment in favor of appel-lees and remanded the case for further proceedings. We set aside the opinion of the Court of Appeals and affirm the trial court.

The facts are: Keith Lewis was shot by Robert Stephens in Stephens' home. Stephens was convicted of attempted murder. This Court affirmed that conviction, Stephens v. State (1989), Ind., 541 N.E.2d 280. Subsequently Hawkins, as Lewis's guardian, brought suit…