Legal Opinion

State of Indiana ex rel. Indiana Department of Transportation v. Joshua Dehaven and FBi Buildings, Inc.

Indiana Court of Appeals

Decided October 18, 2016No. 37A05-1603-CC-648Published

1Opinion of the Court

RILEY, Judge.

STATEMENT OF THE CASE

[1] Appellant-Plaintiff, State of Indiana, ex rel. Indiana Department of Transportation (INDOT), appeals the trial court’s denial of its motion for summary judgment in favor of Appellees-Defen-dants, Joshua DeHaven (DeHaven) and FBi Buildings, Inc. (FBi Buildings) (collectively, Appellees).

[2] We affirm.

ISSUE

[3] INDOT raises two issues on appeal, one of which we find dispositive and which we restate as: Whether INDOT is entitled to recover, as a matter of law, the actual cost incurred to repair the bridge after DeHaven struck it with his trailer.

FACTS AND…

2Cases cited5 opinions

  1. Williams v. TharpIndiana Supreme Court · 2009
  2. First Farmers Bank & Trust Co. v. WhorleyIndiana Court of Appeals · 2008
  3. AutoXchange. Com, Inc. v. Dreyer and Reinbold, Inc.Indiana Court of Appeals · 2004
  4. Gayle Fischer v. Michael and Noel HeymannIndiana Supreme Court · 2014
  5. City of Marion v. TaylorIndiana Court of Appeals · 2003

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