Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The Court of Appeals of Indiana is headed to South Bend this week as part of its Appeals on Wheels program.
The appellate court will visit Notre Dame Law School on Thursday to hear arguments in State of Indiana, et al. v. Jennifer Diane Lucas, et al., 22A-CT-1693.
The case dates back to July 2015, when Jennifer Diane Lucas was driving southbound on Interstate 69 in Hamilton County. The vehicle in front of her was involved in a collision, and Lucas stopped behind the vehicle to check on its driver.
That’s when another vehicle struck the rear of Lucas’ vehicle, severely injuring her.
Lucas filed a lawsuit against several parties, including the state, alleging the state was negligent in failing “to provide a left-hand shoulder suitable for stopped vehicles and occupants to be out of traffic lane.”
The state filed for summary judgment, claiming that it is entitled to governmental immunity under Indiana Code § 34-13-3-3(7) of the Indiana Tort Claims Act because its redesign of that portion of I-69 in 2012 was a discretionary function.
After a hearing, the trial court denied the state’s motion, finding it is not entitled to discretionary function immunity.
The court noted that I.C. 34-13-3-3(18) specifically provides immunity for highway design, but only if the claimed loss occurred at least 20 years after the highway was designed or substantially redesigned. The statute also provides that “this subdivision shall not be construed to relieve a responsible governmental entity from the continuing duty to provide and maintain public highways in a reasonably safe condition.”
The state now appeals.
The arguments will be held from 12:30-1:30 p.m. Thursday in the Patrick F. McCartan Courtroom, 1100 Eck Hall of Law, Notre Dame, 46556.
The arguments will not be livestreamed, but video of the event will be available about one week after the hearing.
Please enable JavaScript to view this content.