Campbell v. Indiana

284 N.E.2d 733 (1973)

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Nature of the Case

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Facts

Campbell (P) sustained personal injuries as a result of a head-on collision with an automobile traveling in P's lane of traffic upon a state-maintained highway. P alleged negligence on the part of the state in that, after repaving the highway, it failed to: (a) mark with a yellow line the aforesaid State Road 221 where it is unsafe to pass; and (b) carelessly and negligently failed to install no passing signs along Road 221 or any other signs indicating to the traveling public that the public highway was unsafe for passing. P also contends that the road as maintained constituted a nuisance. Knotts (P) sued the City of Indianapolis and the State of Indiana complaining that he sustained $100,000 in damages because of personal injuries incurred as the result of a fall on a crosswalk in Indianapolis. Knotts (P) alleged that the injuries were the result of the negligent state of repair of the crosswalk. In both cases, D moved to dismiss alleging that there was no basis upon which relief could be granted premised upon the doctrine of sovereign immunity. The cases were dismissed, and the Court of Appeals affirmed. The two cases were consolidated for the purposes of appeal.