School failed to sufficiently demonstrate immunity under ITCA

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UNPUBLISHED

The Gary Community School Corporation (the School) appeals from a jury verdict in favor of Lolita Roach-Walker (Walker) on Walker’s complaint for damages arising from her slip and fall on the School’s property. The School presents two issues for review, which we consolidate and restate as whether the School is entitled to immunity from liability under Indiana Code Section 34-13-3-3 of the Indiana Tort Claims Act (the Act).
Conclusion (slip op. at 6):  We conclude as a matter of law that the School has not demonstrated that it was entitled to immunity under the Indiana Tort Claims Act. Affirmed.
Key Analysis (slip op. at 3-4, 5):  Immunity under Section 34-13-3-3 contains two key concepts, one temporal and one causal. A determination of whether a condition is temporary or permanent is separate from a determination of whether the condition is due to some other cause. The focus of whether the condition is permanent is whether the governmental body has had the time and opportunity to remove the condition but failed to do so . . . The School has not met its burden to show on appeal that the condition that caused Walker’s fall was temporary.

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Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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