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Torn Achilles tendon is not city’s fault, COA rules

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A state statute providing immunity to municipalities for 20-year-old public work projects absolved a southern Indiana city from liability for an injury a man incurred when he stepped off a curb and into a sewer drain.

Brad Haskin was visiting the city of Madison for the Madison Regatta. While returning to his rental cottage one evening, he walked between the curb and a parked vehicle, stepped into a trough-shaped gutter and ruptured his Achilles tendon.

Haskin filed a complaint for damages against the city, alleging the municipality was negligent in designing, constructing and maintaining the drain. He also claimed the city failed to warn pedestrians of the potential hazard.

The trial court granted the city’s motion for summary judgment.

Before the Indiana Court of Appeals, the city of Madison argued it had immunity under Indiana Code 34-13-3-3(18), which protects municipalities from liability if the injury occurs at least 20 years after the public work was substantially redesigned. The city also noted the gutter was in good condition and Haskin’s injury was not caused by any deterioration in the drain.
 
Haskin countered that even under the Indiana statute, a governmental entity has a duty to provide public roadways in a reasonably safe condition. In addition, although the city had a lease agreement with Madison Regatta Inc., the city still had control over the street.

“To the extent Haskin claims the City was negligent in the design of the sewer drain and the City had a duty with respect to that claim, we agree with the City that, pursuant to Ind. Code 34-13-3-3-(18), the City was not required to ensure that the design of the curb and sewer drain, which were designed or redesigned at least twenty years prior to Haskin’s injury and were not altered by any resurfacing in 2002, was consistent with current practice or safety standards,” Judge Elaine Brown wrote in Brad Haskin v. City of Madison, Indiana, 39A05-1308-CT-422. “The City was not required to redesign the sewer drain in an effort to incorporate ever-evolving technology.”

The Court of Appeals also found under the terms of a resolution of the Board of Public Works and Safety of the city adopted June 18, 2008, and the lease agreement, Madison Regatta Inc. did have control of the street. The Regatta organization was in the best position to control pedestrian traffic and the condition of the property it leased from the city.  

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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