ILNews

Justices rule in favor of county

Michael W. Hoskins
January 1, 2007
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Elkhart County is immune from losses resulting from temporary weather-related road conditions in 2001, the Indiana Supreme Court ruled today.

The 4-1 decision came in Marvin Hochstetler v. Elkhart Co. Highway Dept., et al., 20S05-0703-CV-97, a case it heard arguments in May 10. The case involved a motorcycle driver, Hochstetler, who struck a fallen tree on a county road after a storm and sued the county departments and officials for negligence. The Elkhart Superior Court entered summary judgment in favor of the defendants, but the Court of Appeals reversed in October after concluding the material issues of fact remain as to whether the county is immune under the Indiana Tort Claims Act. That provides governmental defendants immunity from liability if the loss resulted from a temporary condition of a public thoroughfare resulting from weather.

However, the Indiana Supreme Court granted transfer and wrote that the condition was temporary and the county was therefore immune from these types of suits.

"There might well be a case in which weather-related conditions remained unintended for so long a period that it no longer qualified as 'temporary,' Chief Justice Randall T. Shepard wrote. "This is not that case."

Justice Brent Dickson dissented, writing that genuine issues of fact remained "whether the hazard was temporary and whether its efficient cause was weather or the government's failure to monitor and maintain its roads with reasonable care."
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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

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