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. 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.....

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