Specifically, the trial court found that Montgomery County established that the design of the intersection was reasonable as a matter of law by showing that the intersection met both the Indiana Highway Department engineering standards and the standards of the American Association of State Highway Transportation Officials. Record at 135. In reviewing a ruling on a motion for summary judgment, this court applies the same standard applied by the trial court. Summary judgment is appropriate only if the designated evidentiary matter shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. The burden is on the moving party to prove there are no genuine issues of material fact and he is entitled to judgment as a matter of law.
Summary judgment is generally inappropriate in negligence cases.
The Richardsons' action against Montgomery County is a negligence claim. Here, the trial court determined that although Montgomery County had a duty to exercise reasonable care in the design, construction and maintenance of its highways, it did not breach that duty as a matter of law and thus, was entitled to summary judgment. Specifically, the trial court held that Montgomery County established that the design of the intersection was reasonable as a matter of law by showing that the intersection of County Road 400 East and State Road 136 complied with the Indiana Highway Department engineering standards and the standards of the American Association of State Highway Transportation Officials. We cannot agree that simply because an intersection complies with State highway and engineering standards, it necessarily follows that its design is reasonable in every instance as a matter of law. Thus, we find that genuine issues of material fact remain as to whether Montgomery County breached its duty of exercising reasonable care in the design, construction and maintenance of its highways and the trial court erred in granting Montgomery County's motion for summary judgment.