ILNews

Deputy owed no duty to warn of icy road

Back to TopCommentsE-mailPrintBookmark and Share

A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.

Pamela Price filed a negligence action against the Putnam County Sheriff's Department, Putnam County Highway Department, County Board of Commissioners, and the Reelsville Water Authority following an auto accident involving personal injury and property damage. Price lost control of her car after hitting ice on the same part of the road where earlier in the morning, another motorist lost control. A waterline leak caused water to run on the roadway and freeze. A sheriff’s deputy responded to the first accident, contacted the highway department regarding the road condition and left the area.

The trial court denied the sheriff’s department’s motion to dismiss under Indiana Trial Rule 12(B)(6), which the Indiana Court of Appeals affirmed on interlocutory appeal. The justices reversed, focusing on the issue of whether the sheriff owed a duty to warn motorists of the road conditions.

In Putnam County Sheriff v. Pamela Price, No. 60S01-1012-CV-665, the high court concluded that the sheriff’s department didn’t owe a duty to alleviate or warn motorists of an icy or hazardous condition on a county roadway. Citing Benton v. City of Oakland City, 721 N.E.2d 224, 230 (Ind. 1999), on which Price relies to support her negligence claim, the justices noted implicit in that case was that the governmental entity maintained and controlled the property giving rise to the injury. Price doesn’t allege that the sheriff owned, operated or controlled any portion of the county road, and absent this ownership or control, the sheriff had no duty to warn of a hazardous condition, wrote Justice Robert Rucker.

Justice Steven David wrote a concurring opinion, in which Justice Brent Dickson joined, because he was concerned the majority’s decision could be interpreted too broadly. He wrote of a scenario where a sheriff may discover a bridge had been washed away and failed to do anything. In that scenario, a sheriff may have a duty to exercise ordinary and reasonable care by warning the highway department and remaining on the scene until assistance arrives.

“… I concur in the outcome of this particular case but am hesitant for the subsequent application of this holding that the sheriff can escape any liability on the basis of non-maintenance and control of the county roadway,” he wrote.  

The high court ordered the trial court to grant the sheriff’s department’s motion.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT