Water company not a political subdivision

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The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana Court of Appeals concluded today.

Veolia Water Indianapolis LLC claimed it was entitled to summary judgment in Michael Harrison’s claim against it because it is a political subdivision of the state. Under a management agreement, Indianapolis pays Veolia nearly $40 million a year, plus more money if the company meets certain incentives. Harrison, while working as a Veolia subcontractor, received a severe electrical shock from an uninsulated overhead electrical line. He sued Veolia asserting negligence and didn’t provide any other notice to Veolia as required under the Indiana Tort Claims Act.

Because it believed it is a political subdivision, and thus subject to the 180-day notice required under the act, Veolia moved for and was granted summary judgment.

Veolia doesn’t fall under the express statutory definition of a political subdivision but claimed it is sufficiently akin to a governmental entity or political subdivision of the state that is entitled to ITCA’s procedural protections.

After reviewing the ITCA and the history of sovereign immunity in Indiana, the Court of Appeals concluded otherwise in Michael Harrison v. Veolia Water Indianapolis, LLC, No. 49A04-0912-CV-722. Even though the appellate court had held Indianapolis Water Co., the predecessor to Veolia, was a governmental agency for immunity purposes under common law principles in Metal Working Lubricants Co. v. Indianapolis Water Co., 746 N.E.2d 352 (Ind. Ct. App. 2001), the Court of Appeals declined to hold Veolia is a governmental entity under the ITCA.

“The most fundamental basis for this holding is that the courts of Indiana have never recognized the provision of utility services as a power or function ‘governmental in nature’ that gave rise to sovereign immunity, even when a governmental unit was operating the utility, wrote Judge Michael Barnes. If the General Assembly wanted to change this arrangement, it could have done so when it enacted the ITCA by expressly including utilities within the definition of “political subdivision.”

“Simply put, we cannot discern a legislative intent to shield or provide special protections to for-profit enterprises, including ones that are part of a multi-national, multi-billion-dollar conglomerate, because they provide services to a governmental entity,” the judge wrote.

In addition, the Indiana Supreme Court has plainly indicated that the operation of a utility, whether by a municipality or private entity is a private business matter, even if the utility is subject to extensive regulation by the state.

The issue was remanded for further proceedings.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.