Private Company Claims Governmental Immunity from Liability in Indiana Car Crash


Governmental immunity is a longstanding legal concept that the government coffers can be protected from financial liability for an individual’s harm, as part of the overall public good. All levels of government enjoy some level of “sovereign immunity,” from tiny municipalities and school districts, to states and the federal government.

Over in Fort Wayne, Indiana, crafty defense counsel have come up with a new twist to the immunity defense. Now, a private company, not a governmental entity, but a for-profit corporation, is claiming governmental immunity as its own.

ITR Concession, operator of the toll road, is asserting that it has governmental immunity because what it is doing is essentially “governmental functions undertaken for the public purpose.”

ITR has also asserted a claim that it properly maintained the road after a storm hit back in December 2008 when the car crash occurred. “No, we didn’t breach our duty to maintain.” Now, there’s a defense for you.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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