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HOCHSTETLER v. ELKHART COUNTY HIGHWAY DEPT.

No. 20S05-0703-CV-97.

868 N.E.2d 425 (2007)

Marvin J. HOCHSTETLER, Appellant (Plaintiff below), v. ELKHART COUNTY HIGHWAY DEPARTMENT, Elkhart County Sheriff Department, and Elkhart County Commissioners, Appellees (Defendants below).

Supreme Court of Indiana.

June 20, 2007.

Attorney(s) appearing for the Case

Jeffrey J. Stesiak, South Bend, IN, Attorney for Appellant.

Nathaniel M. Jordan, Michael F. DeBoni, Sara J. MacLaughlin, Goshen, IN, Attorneys for Appellees.

On Petition to Transfer from the Indiana Court of Appeals, No. 20A05-0602-CV-98.

SHEPARD, Chief Justice.

Riding his motorcycle sometime before 5 a.m. on the night of a substantial storm in Elkhart County, appellant Marvin Hochstetler struck a tree that had fallen down across a county road. The trial court granted judgment for various county entities on his negligence suit, concluding that the county was immune...

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