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City of Indianapolis and Indianapolis Police Department v. Richard Garman
State: Indiana
Court: Supreme Court
Docket No: 49S00-0602-CV-55
Case Date: 06/14/2006
Preview:ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Kelly Whiteman Office of Corporation Counsel Indianapolis, Indiana Terry A. White Jill Dewig Wesch Olsen, White & Hambidge, LLP Evansville, Indiana

ATTORNEYS FOR AMICI CURIAE
Indiana Association of Cities and Towns Jon Laramore Baker & Daniels, LLP Indianapolis, Indiana The Indiana Trial Lawyers Association Patrick B. McEuen Millbranth & Bush Valparaiso, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court
_________________________________ No. 49S00-0602-CV-55 CITY OF INDIANAPOLIS AND +INDIANAPOLIS POLICE DEPARTMENT, low),
V.

Appellants (Defendants be-

RICHARD GARMAN,

Appellee (Plaintiff below). _________________________________

Appeal from the Marion Superior Court, No. 49D10-0006-CT-852 The Honorable David Dreyer, Judge _________________________________ On Petition For Transfer Before Consideration by the Indiana Court of Appeals No. 49A02-0510-CV-955 _________________________________ June 14, 2006 Dickson, Justice.

In accord with our decision today in Patrick v. Miresso, ___ N.E.2d ___ (Ind. 2006), we affirm the denial of summary judgment and hold that a governmental unit is not immune from liability for injuries caused by its police officer's negligent operation of a police vehicle while pursuing a fleeing suspect.

On November 7, 1999, the plaintiff Richard Garman was injured in a collision at 38th and Meridian in Indianapolis when his automobile was struck by a vehicle allegedly operated by a fleeing suspect being pursued by Indianapolis Police Officer Rob Rider in a high-speed chase along 38th Street. Garman's fianc
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