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ATTORNEY FOR APPELLANT
Stephen Bower Cohen and Thiros Merrillville, Indiana

ATTORNEY FOR APPELLEE
Steven W. Etzler Schreiner, Malloy & Etzler, P.C. Highland, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 45S03-0505-CV-223 JEFFREY PATRICK, and CITY OF GARY CITY OF GARY POLICE DEPARTMENT, v. RICHARD MIRESSO, Appellee (Plaintiff below). _________________________________

Appellants (Defendants below), (Defendant below) 1

Appeal from the Lake Superior Court, No. 45D01-0204-CT-101 The Honorable Diane Kavadias Schneider, Presiding Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 45A03-0405-CV-224 _________________________________ June 14, 2006 Dickson, Justice.

In accordance with our decision in Quakenbush v. Lackey, 622 N.E.2d 1284 (Ind. 1993), we hold that a governmental unit and its police officer are not immune from liability for injuries caused by the officer's negligent operation of a police vehicle while pursuing a fleeing suspect.

Officer Jeffrey Patrick and the City of Gary (the defendants) appeal the denial of their summary judgment motion on the plaintiff Richard Miresso's claim for damages from injuries
The plaintiff's complaint also asserts claims against the City of Gary Police Department, but this defendant does not participate in this appeal. Pursuant to Indiana Appellate Rule 17(A), however, a party of record in the trial court is a party on appeal.
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sustained in an automobile collision with the officer. The trial court certified its ruling for interlocutory appeal, and the Court of Appeals affirmed. Patrick v. Miresso, 821 N.E.2d 856 (Ind. Ct. App. 2005). We granted transfer, 831 N.E.2d 747, and now affirm the trial court's denial of the defendants' motion for summary judgment

Asserting that Officer Patrick was pursuing a fleeing burglary suspect at the time of the collision with the plaintiff's vehicle, the defendants sought summary judgment from the trial court on grounds that "Officer Patrick was engaged in the enforcement of the law at the time of the accident." Appellants' App'x. at 22. The defendants urged that both Patrick and the City of Gary are immune from civil liability under the "enforcement of . . . a law" language of the Indiana Tort Claims Act (ITCA), which provides in relevant part: A governmental entity or an employee acting within the scope of the employee's employment is not liable if a loss results from the following: *** (8) The adoption and enforcement of or failure to adopt or enforce a law (including rules and regulations), unless the act of enforcement constitutes false arrest or false imprisonment. Ind. Code

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