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Chandradat v. State6/30/2005
FOR PUBLICATION
Rakesh and Phulmattie Chandradat, individually and as parents of Ryan Chandradat, deceased, appeal the trial court's grant of summary judgment in favor of the Indiana Department of Transportation ("INDOT") and the State of Indiana (collectively, the "State") in the Chandradats' suit alleging negligence and wrongful death. On appeal, the Chandradats raise the following restated issues:
I. Whether the trial court erred in finding that the State owed no duty to the Chandradats.
II. Whether the trial court erred in determining that there was no genuine issue of material fact as to whether the State's actions were a proximate cause of Ryan's death and the Chandradats' injuries.
III. Whether the trial court erred in finding that the State was entitled to immunity under the Indiana Tort Claims Act (the "ITCA") for its planning of construction for Interstate 80/94, which was the site of the accident.
On appeal, the State also raises the following restated issues:
IV. Whether the trial court erred in finding that the Chandradats had sufficiently complied with IC 34-13-3-6-the notice requirement of the ITCA-which put the State on notice that the Chandradats intended to bring an action for the wrongful death of their son.
V. Whether the trial court erred in concluding that the applicability of the statutory cap on damages should be determined only after the jury's verdict.
We reverse.
FACTS AND PROCEDURAL HISTORY
In the spring of 2001, the State was engaged in Phase VI of a massive, multi-phase, road construction project to widen and resurface Interstate 80/94 ("I80/94") in Lake County. As part of Phase VI, the left lane of the eastbound interstate was closed and the remaining two eastbound lanes were routed to the westbound lane. Occasionally, night construction required the closure of two of the three eastbound lanes.
On May 25, 2001, at approximately 1:50 a.m., the Chandradats and their six-year-old son, Ryan, were passengers in a Toyota sport utility vehicle (the "SUV") that was traveling eastbound on I80/94. That night, the highway had been reduced to only one lane traveling eastbound. The rerouting and lane closures resulted in stop-and-go traffic. Tim R. Johnson was driving a semi tractor-trailer ("semi") behind the SUV as it approached the Kennedy Avenue overpass. Just east of the 3.3-mile marker, the SUV was stopped in a traffic jam. Soon thereafter, Johnson smashed into the back of the stopped SUV, causing Ryan's death and his parents to sustain injuries.
The Chandradats filed suit against the State, among others, alleging claims of negligence and wrongful death. The State moved for summary judgment on the basis that:
(1) the Chandradats failed to comply with the ITCA notice requirement; (2) the ITCA cap on damages limited the Chandradat parents to $300,000 each, including damages for the death of their son; (3) the State's actions were not the proximate cause of the Chandradats' injuries; and (4) the State was entitled to discretionary function immunity under IC 34-13-3-3(7) of the ITCA. The trial court granted summary judgment on the basis that the proximate cause of the accident was solely the negligence of Johnson, the driver of the semi, and that the State owed no duty to the Chandradats for the acts or omissions of Johnson. The trial court also noted that the State was entitled to discretionary function immunity. The Chandradats now appeal.
DISCUSSION AND DECISION
The purpose of summary judgment is to end litigation about which there can be no factual dispute and which may be determine
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