Kantz v. Elkhart County Highway Department

OPINION

STATON, Judge.

Annie and James Kantz appeal the trial court’s grant of summary judgment in favor of the Elkhart County Highway Department (the “County”). The Kantzes raise three issues on appeal which we restate as two:

I. Whether the County owed Mrs. Kantz a duty to remove a tree stump located on the right-of-way of a county road.

II. Whether Mr. Kantz’s claim is barred by the Indiana Tort Claims Act because he did not file a tort claims notice within 180 days of the accident, instead filing his complaint within 180 days.

We affirm in part, reverse in part, and remand. 1

The facts most…