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Miller v. Indiana State Highway Department

Citations: 514 N.E.2d 93; 1987 Ind. App. LEXIS 3121Docket: No. 43A04-8602-CV-43

Court: Indiana Court of Appeals; October 15, 1987; Indiana; State Appellate Court

Narrative Opinion Summary

This case involves petitions for rehearing filed by multiple parties, including the Indiana State Highway Department, concerning jury instructions related to a highway accident. The court revisited claims of instructional errors, specifically addressing objections to final instructions and the waiver of error by the Millers concerning their proposed instructions. The court scrutinized the refusal to give certain instructions on the state's duty to maintain highway signs and intersections based on their legal correctness, evidentiary support, and coverage by other instructions. It concluded that the trial court's final instructions adequately addressed the state's duty of care. The highway department's obligation to ensure safety was affirmed, emphasizing timely responses to known hazards and adherence to traffic control guidelines. The court found that the Indiana Manual on Uniform Traffic Control Devices guides but does not rigidly bind agency actions, allowing for engineering discretion. The jury was instructed to consider the manual and other evidence in determining negligence. Ultimately, the court affirmed judgments in favor of the County and State, finding no error in the trial court's instructions, and denied the rehearing petitions.

Legal Issues Addressed

Application of the Indiana Manual on Uniform Traffic Control Devices

Application: The manual serves as a guideline allowing for engineering judgment in its application, and non-compliance with traffic laws can be justified under certain circumstances.

Reasoning: The Indiana Manual on Uniform Traffic Control Devices is legally binding for government agencies managing traffic control but serves as a guideline rather than strict rules, allowing for engineering judgment in its application.

Criteria for Jury Instruction Inclusion

Application: The court evaluated the refusal of Instructions 11, 12, and 18 based on whether they were a correct statement of the law, if they were supported by evidence, and if other instructions adequately covered the substance.

Reasoning: The court evaluated the refusal of Instructions 11, 12, and 18 based on three criteria: correct statement of the law, evidence supporting the instruction, and whether other instructions adequately covered the substance.

Duty of Care in Highway Maintenance

Application: The highway department has a duty to maintain highway safety, which includes staying informed of hazardous conditions and correcting defects in a timely manner.

Reasoning: A highway department has a general duty to ensure highway safety, which includes specific responsibilities: 1) staying informed about hazardous conditions on the highway; 2) correcting or repairing defects that have existed long enough for the department to discover them, considering the urgency of the work and available resources; and 3) complying with applicable laws and regulations.

Rehearing on Alleged Instruction Errors

Application: The court granted rehearing to address misstatements regarding objections to the Court's Final Instruction No. 9 and the waiver of error related to the Millers' Tendered Instructions Nos. 11, 12, and 18.

Reasoning: The court granted rehearing to address two specific allegations of error: (1) a misstatement regarding the Court's Final Instruction No. 9 being given without objection, which was correctly objected to by the State but not by the Millers or Breedens; and (2) the conclusion that the Millers waived any error related to their Tendered Instructions Nos. 11, 12, and 18.

Sufficiency of Jury Instructions

Application: The trial court's instructions adequately covered the state's duties, rendering the Millers' proposed instructions unnecessary.

Reasoning: The trial court appropriately denied the Millers' proposed instructions as their content was sufficiently addressed in the existing instructions.