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Inaccurate drain location data causes city to lose negligence suit

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Because the city of Fort Wayne did not provide accurate locations of its drains to a utility company involved in constructing an underground monolith, its negligence suit against the utility company can’t survive summary judgment. An underground drain was damaged during the process, causing flooding in the area.

Northern Indiana Public Service Co. hired a contractor to perform remediation work on land it owns in Fort Wayne. It asked the city for the locations of underground facilities operated by the city. Fort Wayne provided the information, but some of it was incorrect, which led to a drain being crushed and clogged by concrete-like material placed in the ground as a part of the remediation project. The site near the project flooded in the spring and summer of 2009.

Fort Wayne sued alleging negligence. The trial court granted NIPSCO’s motion for summary judgment in May 2013.

The appellate judges relied on the Indiana Damage to Underground Facilities Act to affirm in The City of Fort Wayne v. Northern Indiana Public Service Company and NiSource, Inc., 02A04-1307-CT-366.

“Essentially, the City is arguing that it complied with DUFA’s requirements by providing NIPSCO with the best information in its possession, however inaccurate it may have been. DUFA, however contains no provision for good faith compliance,” Judge Cale Bradford wrote.

“Because the city failed to comply with the requirements of I.C. 8-1-26-18(a), NIPSCO was given a full defense to the city’s action against it pursuant to section 22(c). The trial court correctly entered summary judgment in favor of NIPSCO.”

The judges also held that any common-law action the city might have had at one time against NIPSCO has been abrogated by the enactment of DUFA.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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