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CITY OF VALPARAISO v. EDGECOMB

No. 64A03-9005-CV-198.

569 N.E.2d 746 (1991)

CITY OF VALPARAISO, Defendant-Appellant, v. James B. EDGECOMB, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

April 18, 1991.

Attorney(s) appearing for the Case

Steven P. Polick, Judge & Knight, Ltd., Munster, for defendant-appellant.

John M. Lyons, Lyons and Truitt, Valparaiso, for plaintiff-appellee.

GARRARD, Judge.

This is an interlocutory appeal from the denial of the city's motion for summary judgment. That motion asserted governmental immunity under IC 34-4-16.5-3(7).

The facts disclose that Edgecomb's automobile made a right hand turn into the outer southbound lane of Roosevelt Road in Valparaiso. It was then struck by a northbound city police car traveling in the same southbound lane. At the time the police car was travelling an estimated 35-40 miles...

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