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TITTLE v. MAHAN

No. 57A03-9004-CV-132.

566 N.E.2d 1064 (1991)

Jacqueline R. TITTLE, As Personal Representative of the Estate of Terry N. Tittle, Deceased, and On Her Own Behalf and Glen Alvin Cochran, by His Next Friend, Beth Ann Cochran, Appellants (Defendants below), v. Michael MAHAN; David Meyers; David Gladieux; Glen Harpel; Oscar Equia; Daniel L. Figel, Sheriff of Allen County, Indiana; Rosemary Mosley; and the City of Fort Wayne. Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

February 19, 1991.

Attorney(s) appearing for the Case

John B. Powell, Shambaugh, Kast, Beck & Williams, Fort Wayne, for appellants.

Phillip A. Renz, Larry L. Barnard, Miller Carson & Boxberger, Fort Wayne, for appellees Rosemary Mosley & the City of Fort Wayne.

John O. Feighner, George Sistevaris, Haller & Covlin, Fort Wayne, for appellees Michael Mahan, David Meyers, David Gladieux, Glen Harpel, Oscar Equia & Daniel L. Figel, as Sheriff of Allen County.

STATON, Judge.

The appellants appeal the grant of a summary judgment for the appellees raising the following two issues for our determination:

I. Whether police and custodial authorities have immunity under Indiana Code 34-4-16.5-3(7) (Supplement 1990) for the failure to exercise reasonable care in communicating information concerning a pre-trial detainee's medical needs or in responding to such medical needs. II. Whether the trial court committed...

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