Peavler v. Board of Commissioners of Monroe County
Indiana Supreme Court
528 N.E.2d 40 (1988)
Two actions were consolidated for review by the Indiana Supreme Court. In one case, Richey Peavler (plaintiff) filed suit against the Board of Commissioners of Monroe County (defendant), alleging Monroe County’s negligence in failing to install a traffic warning sign on a designated road. The jury found for the county based on a trial-court instruction that any decision by the county to post warning signs was discretionary. The court of appeals reversed, concluding that the county was not immune from liability as a matter of law. In another case, Ronald and Pamela Hout (plaintiff) sued the Board of Commissioners for Steuben County (defendant), alleging Steuben County’s negligence in failing to warn motorists of an approaching T intersection. The trial court denied the county’s motion for summary judgment. The court of appeal reversed, concluding that Steuben County was immune from liability. The Indiana Supreme Court granted review of both cases to construe the Indiana Tort Claims Act.
Rule of Law
Holding and Reasoning (Shepard, C.J.)
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