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INDIANA STATE POLICE DEPT. v. SWAGGERTY

No. 37A03-8612-CV-346.

507 N.E.2d 649 (1987)

INDIANA STATE POLICE DEPARTMENT AND TROOPER JAMES SPILLER, Appellants (Defendants below), v. Kellice SWAGGERTY, Melba Caldwell and Melba Ballinger, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied July 9, 1987.

Attorney(s) appearing for the Case

Michael S. Baechle, Whitted and Buoscio, Merrillville, for appellants.

John M. Kopack, Gilyan, Hanson & Kopack, Merrillville, for appellees.

HOFFMAN, Judge.

The Indiana State Police Department and Trooper James Spiller appeal from the denial of their motion for summary judgment of the claim filed against them in Jasper Circuit Court by Kellice Swaggerty, Melba Caldwell and Melba Ballinger (plaintiffs).

The relevant facts of this case are undisputed: On September 30, 1983, Trooper Spiller, an employee of the Indiana State Police Department, was on automobile patrol duty in Gary, Indiana. Shortly...

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