Julee Schlosser v. Rock Industries/State of Indiana

On Petition To Transfer from the Indiana Court of Appeals, No. 50A08-0302-CV-56

RUCKER, Justice.

Based on the "acceptance rule" the trial court granted summary judgment in an action arising out of an automobile collision. In an opinion handed down today we abandoned the rule. See Peters v. Forster, 804 N.E.2d 736 (Ind.2004). We therefore grant transfer and reverse the judgment of the trial court.

Facts and Procedural History

On January 7, 1999, the Indiana Department of Transportation (INDOT) contracted with Rock Industries, Inc., to remove snow from the intersection of U.S. Highway 31 and Old…