Northern Indiana Public Service Company v.
IN.31173; 597 N.E.2d 329 (1992)
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Publisher Description
STATON, J. Northern Indiana Public Service Co. (NIPSCO) brings an interlocutory appeal from the trial court's denial of NIPSCO's motion
for summary judgment in a personal injury action brought by Bernard Sell and his parents, Floyd and Crystal Sell (the Sells).
Bernard Sell was one of four passengers in a car driven by Richard Overdeer on U.S. Highway 24 when Overdeer fell asleep and
lost control of his vehicle. The car crossed the center line and opposing lane of traffic, went down an embankment, and struck
a NIPSCO utility pole. Overdeer and three of his passengers were killed, and Bernard Sell was seriously injured. NIPSCO makes
three contentions in support of its claim that the trial court erroneously denied the motion for summary judgment. However,
because we reverse, we need only address the following issue:
