Upton v. State

OPINION

Sommer, J.

This claim was heard by Commissioner Turner on July 18, 1989, and heard in oral argument before the full Court on December 6,1990.

At the hearing before the commissioner, the Claimants, the Uptons, testified as to a sequence of events which are described in the next few paragraphs.

On January 11, 1984, Morris and Deborah Upton were in their 1981 Buick Regal. Morris Upton was driving and Deborah Upton was a passenger in the front seat. The time was approximately 7:00 a.m., and they were on their way to Morris Uptons place of employment at Hines Hospital at Fifth and Roosevelt in…