Court: Supreme Court of Indiana
Opinion Date: December 9, 2021
Areas of Law: Personal Injury
This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.
The Supreme Court held that when the government knows of an existing defect in a public thoroughfare and when it has ample opportunity to respond, immunity does not apply under the Indiana Tort Claims Act simply because the defect manifests during recurring inclement weather.
Plaintiff was injured in an accident caused by flooding on a highway. Plaintiff sued the State and the Indiana Department of Transportation (INDOT) for negligence, alleging that INDOT’s failure to post warnings of the flooded roadway and its failure to maintain proper damage resulted in her injuries. The trial court granted summary judgment for INDOT based on immunity. The court of appeals affirmed. The Supreme Court reversed, holding that because the evidence showed the INDOT had known of the defect causing the highway to flood and had ample opportunity to remedy the defect but failed in its duty, summary judgment was appropriate.