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KANTZ v. ELKHART COUNTY HIGHWAY DEPT.

No. 20A04-9708-CV-341.

701 N.E.2d 608 (1998)

Annie KANTZ and James Kantz, Appellants-Plaintiffs, v. ELKHART COUNTY HIGHWAY DEPARTMENT, Appellee-Defendant.

Court of Appeals of Indiana.

November 10, 1998.

Attorney(s) appearing for the Case

William T. Webb, Michael J. Anderson, South Bend, for Appellants-Plaintiffs.

Michael F. Deboni, David E. Swihart, Yoder, Ainlay, Ulmer & Buckingham, Goshen, for Appellee-Defendant.

OPINION

STATON, Judge.

Annie and James Kantz appeal the trial court's grant of summary judgment in favor of the Elkhart County Highway Department (the "County"). The Kantzes raise three issues on appeal which we restate as two:

I. Whether the County owed Mrs. Kantz a duty to remove a tree stump located on the right-of-way of a county road.

II. Whether Mr. Kantz's claim is barred by the Indiana Tort Claims Act because he did not file a tort...

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