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Chandradat v. State6/30/2005
-3-3] of this chapter, does not exceed three hundred thousand dollars ($300,000) for injury to or death of one (1) person in any one (1) occurrence and does not exceed five million dollars ($5,000,000) for injury to or death of all persons in that occurrence. . . .
The trial court concluded that the issue of the applicability of the statutory cap should be determined after a jury verdict was rendered. We agree.
Our supreme court has recognized that IC 34-13-3-4, while limiting the amount of liability to which a governmental agency may be subject, does not prohibit a verdict in excess of $300,000. Indiana State Highway Comm'n v. Morris, 528 N.E.2d 468, 471 (Ind. 1988). Citing to State v. Bouras, 423 N.E.2d 741 (Ind. Ct. App. 1981), a case that analyzed the predecessor to IC 34-13-3-4, the supreme court held that "entry of judgment is the appropriate point at which the [liability cap] statute should be applied." Id. at 472. Because the application of the cap should be determined after the jury has rendered its verdict, it was not error for the trial court to deny the State summary judgment on this basis.
Finding, as we do, that the placement of the signage does not qualify the State for discretionary function immunity, that the State owed the Chandradats a duty, that there is a genuine issue of material fact as to whether the State's actions were a proximate cause of the Chandradats' injuries, that the Chandradats provided sufficient notice under the ITCA to file a claim for wrongful death, and that the question of the applicability of the ITCA cap on damages should be determined after the jury returns a verdict, we reverse the trial court's grant of summary judgment.
Reversed.
BAKER, J., and BARNES, J., concur.
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