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BOARD OF COM'RS OF COUNTY OF STEUBEN v. HOUT

No. 3-1285-A-345.

497 N.E.2d 597 (1986)

BOARD OF COMMISSIONERS OF THE COUNTY OF STEUBEN, Indiana, Appellant, v. Ronald HOUT and Pamela Hout, Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied November 21, 1986.

Attorney(s) appearing for the Case

William E. Borror, Hunt, Suedhoff, Borrow & Eilbacher, Fort Wayne, for appellant.

John Feighner and Sherrill Wm. Colvin, Snouffer, Haller & Colvin, Fort Wayne, for appellees.

STATON, Presiding Judge.

The Board of Commissioners of Steuben County, Indiana, appeal the denial of their motion for summary judgment against Ronald and Pamela Hout. The Board argues that its decision not to place a warning sign at an intersection was a discretionary function for which it is immune from liability under Indiana's Tort Claims Act.

We reverse.

On the evening of September 10, 1982, Ronald Hout and his wife, Pamela, were driving east on...

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