Beginning in 2014, the State of Indiana Department of Transportation began a "chip and seal" project on Indiana State Road 67 throughout parts of Morgan County. During the course of and immediately after the project, many vehicles were damaged.
On July 22, 2016, Eric Rogers filed suit against the State of Indiana on behalf of himself and all other persons similarly situated, claiming that the State of Indiana's chip and seal project resulted in damage to his vehicle. Rogers' vehicle was damaged in September of 2014, and he timely complied with Indiana's tort claim notice statute by submitting a tort claim to the Office of the Indiana Attorney General.
On February 9, 2017, Morgan Superior Court No. 1 held a hearing regarding whether the class should be certified. On February 20, 2017, the Court issued an order allowing the lawsuit to be a Class action on behalf of the people to whom this notice is directed.
The members of the class are defined as follows: "All persons having suffered vehicular property damage occurring between July 22, 2014, and November 5, 2014, on Indiana State Road 67 within Morgan County, Indiana, resulting from the State of Indiana Department of Transportation 'chip and seal' project who timely filed tort claim notices."
If you qualify as a member of the class, please review the Notice of Class Action (below) regarding your rights and options in this lawsuit. The Court has NOT decided whether the State of Indiana is liable or whether the State of Indiana owes any payments to Mr. Rogers or other members of the class.
Current Status: Dillon Legal Group, P.C. has entered settlement negotiations with the State of Indiana
Notice of Class Action
Complaint & Initial Pleadings
State's Answer & Motion in Opposition to Class Certification
Order Granting Plaintiff's Motion for Class Certification
Exclusion Request Letter
Review of Notice of Class Action Suit Contact and Exclusion Letters Received
Review of Notices Produced by the State of Indiana