LEINBACH v. STATE

No. 50A03-9105-CV-147.

587 N.E.2d 733 (1992)

Joan LEINBACH, Special Administratrix of the Estate of Earl R. Leinbach, Deceased, Appellant-Plaintiff, v. STATE of Indiana, and Indiana State Highway Commission, Appellees-Defendants.

Court of Appeals of Indiana, Third District.

March 11, 1992.


Attorney(s) appearing for the Case

Mark L. Phillips, James W. Kaminski, Newby, Lewis, Kaminski & Jones, LaPorte, for appellant-plaintiff.

Linley E. Pearson, Atty. Gen., Daniel F. Kelly, Deputy Atty. Gen., Indianapolis, for appellees-defendants.


GARRARD, Judge.

This is an appeal from a grant of summary judgment finding the State of Indiana and the Indiana State Highway Commission (State) immune from liability under the Indiana Tort Claims Act for the death of Earl R. Leinbach (Leinbach) which resulted from an automobile accident on an ice-covered highway. We affirm.

On February 27, 1981, at approximately 7:15 a.m., Leinbach died in an automobile accident occurring on U.S. 35 in Starke County, Indiana...

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