Sunday, July 6th, 2008
Local Governments May Be Liable For Unsafe Roads
Last updated on Friday, May 11, 2007
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(INDIANAPOLIS) - Indiana’s Supreme Court is pondering whether to make it easier to sue local governments for failing to keep the roads safe.
State law gives cities and counties immunity from being sued for failing to clear temporary road blockages from bad weather. But a 2002 Supreme Court case says if you have time and opportunity to clear the road, it's not temporary.
The Court of Appeals used that rule to say driver Marvin Hochstetler can sue for his injuries from hitting a tree that was still blocking an Elkhart County road four hours after a 2001 storm.
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