Legal Opinion

Vasco E. Cunningham, Administrator of the Estate of James Dale Cunningham, Deceased v. Patricia Werntz

Court of Appeals for the Seventh Circuit

Decided May 24, 1962No. 13574PublishedCited by 7 opinions

1Opinion of the Court

KILEY, Circuit Judge.

This diversity wrongful death action 1 arose from a collision between defendant’s automobile and a motorcycle driven by plaintiff’s decedent. Verdict was in plaintiff’s favor for $7,500 and defendant has appealed from the judgment on the verdict.

The collision occurred on Lincoln Way West in South Bend, Indiana. Defendant was driving “westward”, stopped in the inner lane, signalled a left turn, started the turn into an alley to the south, heard an “impact” and stopped her car. Decedent’s body was found about thirty feet east of the alley near the south curb and his…

2Cases cited5 opinions

  1. Whitaker, Admr. v. BorntragerIndiana Supreme Court · 1954
  2. New York Cent. RR Co. v. JOHNSON, ADMX., ETC.Indiana Supreme Court · 1955
  3. Novak, Admx., Etc. v. Chi. & C. Dist. Tr. Co.Indiana Supreme Court · 1956
  4. Hubble v. BrownIndiana Supreme Court · 1949
  5. Shipley, Admr. v. DalyIndiana Court of Appeals · 1939

3Cited by7 opinions

  1. Andis v. HawkinsIndiana Court of Appeals · 1986
  2. Lustick v. HallIndiana Court of Appeals · 1980
  3. Heinhold v. Bishop Motor Express, Inc.District Court, N.D. Indiana · 1987
  4. Mehler v. BennettDistrict Court, S.D. Indiana · 1984
  5. ESTATE OF KUBA BY KUBA v. Ristow Trucking Co., Inc.District Court, N.D. Indiana · 1986

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