State of Indiana

01/27/2022 | Press release | Distributed by Public on 01/26/2022 23:10

[SUPREME] Laura M. Johnson v. City of Michigan City, No. 21S-CT-00423

***RESCHEDULED FROM NOV. 2, 2021 TO JAN. 27, 2022 AT 9:00 A.M.***

Johnson sued the City for negligence in connection with injuries she suffered when the bicycle she was riding collided with a pothole in the street. The LaPorte Superior Court granted the City summary judgment after concluding the City is immune under the Indiana Tort Claims Act, which provides immunity if the loss results from the government's "performance of a discretionary function[.]" Ind. Code ยง 34-13-3-3(7). The Court of Appeals affirmed. Johnson v. City of Michigan City, No. 21A-CT-114, 2021 WL 2350887 (Ind. Ct. App. June 9, 2021), vacated. The Supreme Court has granted transfer and assumed jurisdiction over the appeal.