Legal Opinion

City of Beech Grove v. Cathy J. Beloat

Indiana Supreme Court

Decided April 5, 2016No. 49S02-1604-CT-165PublishedCited by 28 opinions

1Opinion of the Court

On Petition to Transfer from the Indiana Court of Appeals, No. 49

David, Justice.

Cathy Beloat, a citizen of Beech Grove, Indiana, fell and injured herself when she stepped into a hole on one of the Beech Grove City streets. She subsequently brought a claim against the City for her injuries. The City claimed it was immune from any liability under the discretionary function immunity provision within the Indiana:Tort Claims Act (ITCA), among other things. The trial court denied the City’s motion for summary judgment. We now affirm that denial. To prevail on a claim that the City was entitled to…

2Cases cited13 opinions

  1. Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police DepartmentIndiana Supreme Court · 2014
  2. Mangold Ex Rel. Mangold v. Indiana Department of Natural ResourcesIndiana Supreme Court · 2001
  3. Peavler v. BD. OF COM'RS MONROE CTY.Indiana Supreme Court · 1988
  4. Larson Ex Rel. Larson v. Independent School District No. 314, BrahamSupreme Court of Minnesota · 1979
  5. Marrek v. Cleveland Metroparks Board of CommissionersOhio Supreme Court · 1984

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3Cited by28 opinions

  1. Darrell Birge and Sandra Birge v. Town of Linden, IndianaIndiana Court of Appeals · 2016
  2. Thomas P. Donovan v. Hoosier Park, LLC d/b/a Hoosier Park, Racing & Casino, Centaur, Inc., Hoosier Park, L.P., Centaur Holdings, LLC, and Terrance SollarsIndiana Court of Appeals · 2017
  3. Michael P. Quirk v. Delaware County, Indiana and The Board of Commissioners of Delaware County, IndianaIndiana Court of Appeals · 2018
  4. Rachel Neal v. IAB Financial Bank, f/k/a Grabill BankIndiana Court of Appeals · 2017
  5. ONB Insurance Group, Inc., d/b/a Old National Insurance, and Joseph E. Kenworthy v. The Estate of Joann Marie Megel, the Estate of Edward J. Megel, Darcy MegelIndiana Court of Appeals · 2018

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