Court rules for city, water company in suit over frozen hydrants

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The Indiana Court of Appeals found that the city of Indianapolis and water company – which contracts with the city to operate the water utility – are entitled to common law immunity from a lawsuit brought by a restaurant and its insurers after a fire destroyed a Texas Roadhouse restaurant. The plaintiffs argued that the frozen hydrants, which delayed firefighters’ ability to put out the fire, were a result of the hydrants not being properly closed by private parties who paid the defendants for water use.

Texas Roadhouse and two of its insurers – National Trust Insurance Co. and FCCI Insurance Co. – sued Indianapolis, its department of waterworks and Veolia Water Indianapolis LLC. The trial court partially denied the city’s motion to dismiss and Veolia’s motion for judgment on the pleadings. Both defendants claimed they were entitled to immunity.

The trial court concluded that the commercial sale of water took their actions outside the scope of common law immunity for firefighting. The trial court also held that the insurers were third-party beneficiaries of Veolia’s contract with the city.

On interlocutory appeal, the Court of Appeals reversed, finding both are entitled to common law immunity because the common law rule turns on the purpose for which the water is being used, not the underlying cause of the lack of water, wrote Judge Terry Crone. The judges cited precedent on immunity in firefighting cases that bar claims for fire damages stemming from an inadequate supply of water or inoperable fire hydrants.

Crone noted that although the appellate court is bound by settled precedent on whether Veolia is entitled to immunity, the insurers have presented several cogent reasons for reconsidering this policy, including that insulating Veolia from liability for its alleged failure to monitor or maintain may actually create a disincentive to maintain the hydrants.  Since the last time the Supreme Court addressed immunity for firefighting, public-private contracts have become more prevalent and more complex, the appellate court pointed out.  

“Were we writing on a clean slate, we might adopt a different rule; however, we are bound by supreme court precedent,” Crone wrote.

The judges also found that the insurers are not third-party beneficiaries to the management agreement entered into by the city and Veolia, so they can’t pursue a breach of contract claim. The management agreement contains a section that explicitly disavows any intent to create third-party beneficiaries.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.