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Miami County court case headed to Supreme Court

A case that started in Miami County Superior Court will go before the state's Supreme Court next week.

Seven Supreme Court oral arguments are on the docket for the month of June. Yerano Martinez and Jessica Martinez v. Jeffrey Smith, Board of Commissioners for Miami County, Miami County Highway Department, and the State of Indiana (24A-CT-1272). Court records show Yerano Martinez sued Jeffrey Smith and Miami County entities after Martinez was injured in a car crash. Martinez alleged the crash occurred because Smith’s bushes blocked his view of a stop sign in a public right-of-way.

The Miami County Superior Court awarded summary judgment to Smith. The Court of Appeals affirmed, finding that Smith owed no duty to the motoring public for an obstruction contained wholly on his property. 

Martinez has petitioned the Indiana Supreme Court to accept jurisdiction over the appeal.

The case is scheduled to be heard June 5, at 10:10 a.m.

Arguments will be held in person and will be streamed.

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