Court: Supreme Court of Indiana
Docket: 21S-CT-00240
Opinion Date: December 9, 2021
Judge: Goff
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 affirmed the judgment of the trial court granting summary judgment in favor of the government and dismissing Plaintiff’s claim that the negligence of the Indiana Department of Transportation (INDOT) in designing and maintaining a highway caused his injuries, holding that the government was immune from liability.
Plaintiff was traveling on a highway when he struck a pool of water, lost control of his vehicle, and struck a tree. Plaintiff and his wife sued INDOT, alleging negligence. The trial court granted summary judgment in favor of INDOT. The Supreme Court affirmed, holding that because the evidence showed that the weather-induced condition continued to worsen at the time of the accident and because Plaintiffs failed to raise a reasonable inference to the contrary, the condition was temporary, and therefore, the government was immune from liability.
