# Drake Ex Rel. Drake v. Mitchell Community Schools

> Indiana Court of Appeals · February 2, 1994 · 628 N.E.2d 1231

URL: https://www.frixlaw.com/law-library/cases/9519633

## Case

- **Full name:** Holli DRAKE, by Her Next Friends and Parents, Doris and Donald DRAKE and Doris and Donald Drake, Individually, Appellants-Plaintiffs, v. MITCHELL COMMUNITY SCHOOLS, Mitchell Community Schools Board of Trustees, Kiwanis International, Inc., Mitchell Chapter and Its Board of Directors, and First National Bank of Mitchell, Appellees-Defendants
- **Court:** Indiana Court of Appeals
- **Decided:** February 2, 1994
- **Citations:** 628 N.E.2d 1231; 1994 Ind. App. LEXIS 67; 1994 WL 24819
- **Precedential status:** Published
- **Opinion:** Dissent by Hoffman
- **Judges:** Baker, Hoffman, Robertson
- **Cited by:** 9 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/9519633

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9519633. Public record. Not legal advice.