# Hochstetler v. Elkhart County Highway Department

> Indiana Supreme Court · June 20, 2007 · 868 N.E.2d 425

URL: https://www.frixlaw.com/law-library/cases/9505144

## Case

- **Full name:** Marvin J. HOCHSTETLER, Appellant (Plaintiff Below), v. ELKHART COUNTY HIGHWAY DEPARTMENT, Elkhart County Sheriff Department, and Elkhart County Commissioners, Appellees (Defendants Below)
- **Court:** Indiana Supreme Court
- **Decided:** June 20, 2007
- **Citations:** 868 N.E.2d 425; 2007 Ind. LEXIS 468; 2007 WL 1765349
- **Precedential status:** Published
- **Opinion:** Dissent by Dickson
- **Judges:** Boehm, Dickson, Rucker, Shepard, Sullivan
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9505144

## How later opinions describe it (automated extraction)

- noting that the county had no notice of the wash-out until the driver’s accident, that the county highway department was busy on the morning after the storm repairing other washed-out culverts of which it was aware and holding that the county carried its burden to show it was …

## Opinion text

DICKSON, J.,
dissenting, believing that granting summary judgment to find immunity is improper because of genuine issues of fact as to whether the hazard was temporary and whether its efficient cause was weather or the government’s failure to monitor and maintain its roads with reasonable care.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9505144. Public record. Not legal advice.