Gary Community School Corp. v. Roach-Walker

BOEHM, Justice.

The Indiana Tort Claims Act confers immunity on units of government from liability for injuries caused by "(tlhe temporary condition of a public thoroughfare ... that results from weather." We hold that this provision bars claims for injuries sustained during the time reasonably required for the governmental unit to respond to weather conditions. The governmental unit bears the burden of establishing its claim to immunity and in this case the Gary Schools did not carry its burden, so we affirm the judgment of the trial court in favor of the plaintiffs.

Facts and Procedural…