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Thursday, January 28, 2010

Ind. Decisions - Supreme Court decides one yesterday

In Robert Bules and Brian Bules v. Marshall County and Marshall County Highway Dept., a 7-page, 4-1 opinion, Justice Boehm writes:

The Indiana Tort Claims Act provides governmental units immunity from liability for losses caused by temporary weather conditions. We have previously held that this immunity applies during the period of reasonable response to a weather condition. We hold today that that period lasts at least until the weather condition has stabilized, and immunizes the governmental unit from liability for alleged flaws in its remedial steps. * * *

The judgment of the trial court is affirmed.

Shepard, C.J., Sullivan, J., and Rucker, J., concur.
Dickson, J., dissents, believing that the Court of Appeals was correct.

There was no oral argument in this case. Appellee's petition for transfer was granted, with opinion, on Jan. 27, 2010.

From the NFP Court of Appeals opinion in Robert Bules and Brian Bules v. Marshall County and Marshall County Highway Dept. (NFP) - "A genuine issue of material fact exists as to whether Marshall County negligently placed the high water warning signs. The Act does not provide Marshall County immunity for the negligent placement of warning signs even if the resulting accident took place during bad weather conditions. Therefore, the trial court erred when it granted summary judgment in favor of Marshall County. Reversed and remanded."

Posted by Marcia Oddi on January 28, 2010 08:37 AM
Posted to Ind. Sup.Ct. Decisions