Mishler v. State
Indiana Court of Appeals
1Opinion of the Court
OPINION
BAKER, Judge
Appellant-plaintiff Stephen Mishler appeals the entry of summary judgment in favor of appellees-defendants State' of Indiana and State of Indiana Department of Highways (collectively, the State). Specifically, Mishler claims that the trial court erred in determining that the State owed no duty of care to Mishler because the State had relinquished control of the roadway on which Mishler was injured.
FACTS
On October 9, 1995, the State transferred to the City of Elkhart, Indiana 5.3 miles of a roadway that was formerly a section of U.S. 20. The relinquishment agreement provided…
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