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[Download] "Estate of Cullop v. State" by In the Court of Appeals of Indiana # Book PDF Kindle ePub Free

Estate of Cullop v. State

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eBook details

  • Title: Estate of Cullop v. State
  • Author : In the Court of Appeals of Indiana
  • Release Date : January 26, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

FOR PUBLICATION 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 in the highway approach, which was designed, constructed, and maintained by the State, we find that they did not breach their common law duty to refrain from creating hazards to the traveling public. Additionally, we decline to recognize a private cause of action under Indiana Code § 9-21-19-6. Accordingly, we affirm the trial court's grant of summary judgment to both the property owners and the tenant farmers.


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