Opinion

Drake Ex Rel. Drake v. Mitchell Community Schools

628 N.E.2d 1231
1994 Ind. App. LEXIS 67
1994 WL 24819

Court: Indiana Court of Appeals
Filed: Feb 2, 1994
Status: Published
Author: Hoffman
On the bench: Baker, Hoffman, Robertson
Cited by: 9 cases

The opinion

HOFFMAN, Judge,

dissenting.

I respectfully dissent to the reversal of summary judgment for the School. The School is immune from suit as a result of "making an inadequate or negligent inspection" of the off-premises site. See IND. CODE § 34-4-16.5-3(11). Any possible duty to disclose the results of the inspection or to follow-up to determine whether the potential for harm had been abated was inextricably tied to the "inspection." Thus, the Tort Claims Act provides immunity in that the School negligently failed to complete the inspection.

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