Indiana Court of Appeals
John H. Murphy v. The City of South Bend
No. 26A-CT-94
Appeal from the St. Joseph Circuit Court, Special Judge Jenny Pitts Manier. John Murphy fell and injured his leg during a parade, claiming the city’s negligence in maintaining the road created a pothole that caused his fall. The city sought summary judgment, asserting immunity under Indiana law for discretionary functions related to road maintenance. The trial court granted this motion, but the appellate court reversed, stating the city did not provide sufficient evidence to prove its entitlement to immunity. It concluded that the pothole repair process did not clearly constitute a policy-oriented decision-making process, and therefore, the city is not immune from liability for Murphy’s negligence claim. The court remands for further proceedings. Judge Felix authored the opinion, with Judges Weissmann and DeBoer concurring. Appellant’s attorneys: Edward J. Chester, Laura L. Ezzell and J. Thomas Vetne, Chester Law Office, Elkhart, Indiana. Appellee’s attorney: Elizabeth A. Klesmith, THK Law LLP, South Bend, Indiana.
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