Legal Opinion
City of Bloomington Utilities Department v. Walter
Indiana Court of Appeals
Decided April 15, 2009No. 53A01-0807-CV-356PublishedCited by 5 opinions
1Opinion of the Court
OPINION
KIRSCH, Judge.
The City of Bloomington Utilities Department ("CBU") brings this interlocutory appeal challenging the trial court's denial of its motion for summary judgment. CBU raises the following restated issue: whether the trial court erred in failing to find that CBU is immune from liability under the Indiana Tort Claims Act, Indiana Code chapter 34-18-83 ("ITCA"), for damage caused by sewage flowing from its sewer pipes into the home of one of its customers.
We affirm and remand.
FACTS AND PROCEDURAL HISTORY
Leslie and Hernan Cadavid (together, the "Cadavids") are husband and wife…
2Cases cited16 opinions
- Campbell v. StateIndiana Supreme Court · 1972
- Peavler v. BD. OF COM'RS MONROE CTY.Indiana Supreme Court · 1988
- Mullin v. Municipal City of South BendIndiana Supreme Court · 1994
- Owens Corning Fiberglass Corp. v. CobbIndiana Supreme Court · 2001
- Greathouse v. ArmstrongIndiana Supreme Court · 1993
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3Cited by5 opinions
- Raymond Kerr v. City of South BendIndiana Court of Appeals · 2015
- Smith v. CiesielskiDistrict Court, S.D. Indiana · 2013
- Farley v. Hammond Sanitary DistrictIndiana Court of Appeals · 2011
- Farley v. Hammond Sanitary DistrictIndiana Court of Appeals · 2011
- Farley v. Hammond Sanitary DistrictIndiana Court of Appeals · 2011