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HILAND v. STATE

No. 36A04-0705-CV-286.

879 N.E.2d 621 (2008)

Jeffery L. HILAND, Administrator of the Estate of AUBRA J. HILAND, deceased, Appellant-Plaintiff, v. STATE of Indiana and Indiana Department of Transportation, Appellees-Defendants.

Court of Appeals of Indiana.

January 23, 2008.

Attorney(s) appearing for the Case

E. Paige Freitag, Bauer & Densford, William C. Lloyd, Lloyd Law Office, Bloomington, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Frances H. Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

OPINION

BAKER, Chief Judge.

This appeal stems from a fatal car accident that occurred when a vehicle in which eighteen-year-old Aubra Hiland was a passenger left the roadway in Jackson County, overturned on a steep slope, landed in a ditch, and filled with water, killing Aubra and the driver of the vehicle. Aubra's Estate sued the State for wrongful death and the State sought summary judgment, arguing that it was immune from liability pursuant to the Indiana...

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