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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowTamera C. Walker, et al. v. State of Indiana, et al.
No. 25A-CT-2048
Appeal from the Lake Superior Court, Judge Rehana Adat-Lopez. The court reversed in part and affirmed in part the trial court’s grant of summary judgment to the defendants on issues of governmental immunity and negligence, ultimately remanding for further proceedings. The plaintiffs argued the trial court erred in striking certain exhibits and granting immunity to the state defendants regarding claims of negligent design and maintenance of highway signage related to a collision at an intersection. The court found the trial court erred in striking the USI Report and claims regarding the lack of adequate signage, which raised questions of fact for the jury, while holding that the state defendants were entitled to immunity for the decision regarding the overhead traffic control beacon. Judge Kenworthy authored the opinion, with Judges Bradford and Pyle concurring. Appellants’ attorneys: Brian Custy, Andrew Brown, Megan Beardsley, Sarah M. Cafiero, Custy Law Firm LLC, Valparaiso. Appellees’ attorneys: Office of the Indiana Attorney General.
Indiana Court of Appeals
Molly McGrane v. Culver Military Academy, et al.
No. 26A-CT-1090
Appeal from the Marshall Superior Court, Special Judge Matthew J. Buehler. The court affirmed in part, reversed in part, and remanded with instructions in McGrane’s lawsuit against Culver for negligence and emotional distress following an alleged sexual assault by a fellow student. The court found that the trial court did not err by striking McGrane’s late response to the summary judgment motion or denying her request for a continuance. However, it determined that the trial court erred in granting summary judgment for Culver on McGrane’s claims of negligent handling of her report, discouragement from reporting, negligent maintenance of policies, and failure to train staff. The court held there were genuine issues of material fact regarding those claims that warranted further proceedings. Judge Felix authored the opinion, with Judges Foley and DeBoer concurring. Appellant attorney: David L. Cloutier Jr., Cloutier Law Offices P.C., South Bend. Appellees attorneys: Austin T. Kearney, Lyle R. Hardman, Hunt Suedhoff Kearney LLP, South Bend.
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