ESTATE OF CULLOP v. STATE

No. 42A01-0403-CV-118.

821 N.E.2d 403 (2005)

ESTATE OF Mary A. CULLOP Deceased, by Administrator, Larry Cullop, Appellant-Plaintiff, v. STATE of Indiana and Rita Alumbaugh, Mary Ann Bruton, Donald Paul Weeks, Janet Lucile Saunders, Myron and Delores McCammon, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied March 31, 2005.


Attorney(s) appearing for the Case

John P. Young, Young & Young, Indianapolis, IN, Attorney for Appellant.

Eric D. Johnson, Kightlinger & Gray, LLP, Mark A. Metzger, Cynthia E. Music, Due Doyle Fanning & Metzger, LLP, Indianapolis, Brad Bough, Terre Haute, IN, Attorneys for Appellees.


OPINION

VAIDIK, Judge.

Case Summary

Following an automobile collision resulting in the death of his wife, Larry Cullop filed a negligence action against property owners and tenant farmers of land from which water had been diverted onto a roadway. The trial court granted summary judgment in favor of the property owners and tenant farmers. Because the property owners and the tenant farmers neither knew nor should have known of the latent design defect...

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