Campbell v. Indiana

Citation. 284 N.E.2d 733 (Ind. 1973)

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Citation284 N.E.2d 733 (Ind. 1973)

Brief Fact Summary.

Campbell filed suit against the State of Indiana after sustaining injuries in a car accident due to Indiana’s failure to mark yellow lines on the highway

Synopsis of Rule of Law.

Sovereign immunity does not apply if a plaintiff sues a state for breach of duty owed to a private individual and the state abolished the doctrine of sovereign immunity.

Points of Law - Legal Principles in this Case for Law Students.

Therefore, it appears that in order for one to have standing to recover in a suit against the state there must have been a breach of duty owed to a private individual.

View Full Point of Law

Campbell filed suit against the State of Indiana after sustaining injuries in a car accident due to Indiana’s failure to mark yellow lines on the highway. Knotts also sued the state for failure to properly maintain a crosswalk. The trial court dismissed the complaints and the appellate courts affirmed.

Issue.

Whether sovereign immunity applies if a plaintiff sues a state for breach of duty owed to a private individual and the state abolished the doctrine of sovereign immunity

Held.

No. The judgments of the appellate courts are reversed. Campbell and Knotts have sufficiently shown that the state negligently breached duties owed to private individuals.

Discussion.

Sovereign immunity does not apply if a plaintiff sues a state for breach of duty owed to a private individual and the state abolished the doctrine of sovereign immunity.