Correll v. Indiana Department of Transportation
Indiana Court of Appeals
1Opinion of the Court
OPINION
KIRSCH, Judge.
Dusty Dawn Smith Correll appeals the trial court's grant of summary judgment in favor of the Indiana Department of Transportation ("INDOT"). Upon appeal, Smith Correll claims that the trial court erred in entering summary judgment that absolved INDOT of liability by holding that the act of a drunk driver in causing her injuries constituted an independent, superceding cause.
We reverse and remand.
FACTS AND PROCEDURAL HISTORY
The undisputed facts reveal that at approximately 4:30 a.m. on January 16, 1992, Smith Correll was driving west on U.S. Highway 40 in Terre Haute when…
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