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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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