Hochstetler v. Elkhart County Highway Department

I would affirm the grant of summary judgment in favor of Elkhart County, and therefore respectfully dissent.

The statute upon which this case must be decided states, "[a] governmental entity . is not liable if a loss results from ... [tlhe temporary condition of a public thoroughfare ... that results from weather." Ind.Code Ann. § 34-13-3-8(8) (West, PREMISE through 2006 Public Laws approved and effective through March 15, 2006). On the face of it, it would seem the facts before us fit squarely within the *737boundaries of this provision. In the early morning hours of June 12, 2001, a violent…