Legal Opinion

Czaja v. City of Butler

Indiana Court of Appeals

Decided December 8, 1992No. 92A03-9203-CV-85PublishedCited by 16 opinions

1Opinion of the Court

GARRARD, Judge.

Karen and Joseph Czaja filed a negligence claim against the City of Butler, the State of Indiana and the Indiana Department of Highways. The Whitley Circuit Court granted summary judgment in favor of the city and the Czajas appeal.

The Czajas live on U.S. Highway 6 in Butler, Indiana. There were three trees located on State of Indiana right-of-way in the front yard of their home. On January 25, 1990 two severe storms blew through the city. They caused severe damage in the town, blowing over several trees. The first storm caused a limb approximately one foot in diameter to fall…

2Cases cited2 opinions

  1. Layman v. AtwoodIndiana Court of Appeals · 1977
  2. Boger v. Lake County CommissionersIndiana Supreme Court · 1989

3Cited by16 opinions

  1. Ferrell v. Dunescape Beach Club Condominiums Phase I, Inc.Indiana Court of Appeals · 2001
  2. National Board of Examiners for Osteopathic Physicians & Surgeons, Inc. v. American Osteopathic Ass'nIndiana Court of Appeals · 1994
  3. Pierce v. Bank One-Franklin, NAIndiana Court of Appeals · 1993
  4. Keating v. BurtonIndiana Court of Appeals · 1993
  5. Mid State Bank v. 84 Lumber Co.Indiana Court of Appeals · 1994

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