Estate of Cullop Ex Rel. Cullop v. State
Indiana Court of Appeals
1Opinion of the Court
OPINION
VAIDIK, Judge.
Case Summary
Following an automobile collision resulting in the death of his wife, Larry Cullop filed a negligence action against property owners and tenant farmers of land from which water had been diverted onto a roadway. The trial court granted summary judgment in favor of the property owners and tenant farmers. Because the property owners and the tenant farmers neither knew nor should have known of the latent design defect in the highway approach, which was designed, constructed, and maintained by the State, we find that they did not breach their common law duty to…
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