Legal Opinion
Leinbach v. State
Indiana Court of Appeals
Decided March 11, 1992No. 50A03-9105-CV-147PublishedCited by 9 opinions
1Opinion of the Court
GARRARD, Judge.
This is an appeal from a grant of summary judgment finding the State of Indiana and the Indiana State Highway Commission (State) immune from liability under the Indiana Tort Claims Act for the death of Earl R. Leinbach (Leinbach) which resulted from an automobile accident on an ice-covered highway. We affirm.
On February 27, 1981, at approximately 7:15 a.m., Leinbach died in an automobile accident occurring on U.S. 35 in Starke County, Indiana. He was southbound on U.S. 85 and lost control of his vehicle on an icy overpass. The ice was the result of freezing rain which had begun…
2Cases cited5 opinions
- Webb v. JarvisIndiana Supreme Court · 1991
- State, Dept. of Nat. Resources v. TaylorIndiana Court of Appeals · 1981
- Walton v. RampIndiana Court of Appeals · 1980
- City of So. Bend v. Fink, Admx., Etc.Indiana Court of Appeals · 1966
- Hatton v. Fraternal Order of Eagles, Aerie 4097Indiana Court of Appeals · 1990
3Cited by9 opinions
- Bd. of Commissioners of Steuben County v. AnguloIndiana Court of Appeals · 1995
- Catt v. Board of Com'rs of Knox CountyIndiana Court of Appeals · 2000
- Dahms v. HenryIndiana Court of Appeals · 1994
- LaPorte Civic Auditorium v. AmesIndiana Court of Appeals · 1994
- Catt v. Board of Com'rs of Knox CountyIndiana Court of Appeals · 2000
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