Gasich v. Chesapeake & Ohio Railroad

GARRARD, Judge.

This is an appeal from a judgment on the evidence entered in a wrongful death action.

On April 29, 1979 Mirko Gasich got into his pickup truck and drove from his home in Merrillville to a Gary hardware store. After making several purchases, he left, on his way home. At about the same time, Richard and Janet Johnson and their twenty-two month old daughter were out driving, exploring the area into which they had just moved. It was a cool, partly cloudy Sunday afternoon with occasional drizzles, but no fog or haze.

Hendricks Street is a north-south street running through an area of…