ILNews

County immunity in weather-related accident

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The Indiana Supreme Court affirmed summary judgment for a county sued as a result of a weather-related accident, holding government liability immunity in steps taken as a result of the weather lasts until at least the weather condition has stabilized.

Robert Bules and his son Brian sued Marshall County after they were injured when their tractor-trailer crashed after hitting high water in the road. There was a sign at the water's edge noting high water, but Robert didn't see it in time to stop. The Buleses claimed the county was negligent in warning of the dangers of the road's condition. The water in the road was caused by a period of warm weather followed by a drop in temperature into the low teens early on the day of the accident. The weather fluctuation caused a river to flood the road the Buleses traveled on and also caused some icy patches.

The county placed warning signs on the road and salted and sanded; the river reached a historic crest on the day of the accident. There are discrepancies between the parties as to how many signs were located on the road at the time of the accident and the condition of the road in the days prior to the accident.

The Indiana Court of Appeals reversed, finding the issue of whether the placement of the signs was negligent foreclosed immunity for the county. A governmental entity is immune to liability for breaching its duty to maintain public thoroughfares if a loss results from a temporary condition caused by weather. It's undisputed the flooding and freezing on the roads was caused by a weather event, but at issue in the case is whether the condition was temporary and therefore conferred immunity, wrote Justice Theodore Boehm for the majority in Robert and Brian Bules v. Marshall County, et al., No. 50S03-1001-CV-57.

The county showed the condition continued to worsen in the hours up until the accident - the river didn't even crest until the day of the accident. "The window of reasonable response wherein immunity applies is at a minimum the period of time it takes the condition throughout the affected area to stabilize," wrote the justice.
 
"In this case, after the County attempted to address the flooding and ice at the accident site, the condition continued to worsen into the early morning of the day of the accident. The 'period of reasonable response' lasts at least until the condition stops worsening," wrote Justice Boehm, which in this case would have been when the river crested.

Because the accident happened during this period, immunity applies, regardless of the alleged inadequacies in the county's initial response at the site of the Buleses' accident. The justices also upheld the striking of portions of Robert's affidavit that detailed his opinion as to how the county was negligent and how he would have acted if he had been properly warned of the flooding; and the exclusion of a letter from an insurance agent stating the county accepted liability for the accident. Justice Brent Dickson dissented because he believed the Court of Appeals' ruling was correct.

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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