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FLECK v. CAUDILL

No. 25A04-9011-CV-530.

582 N.E.2d 385 (1991)

Timothy FLECK and Town of Akron, Indiana, Appellants-Defendants, v. Brian CAUDILL and Jack S. Caudill, Appellees-Plaintiffs.

Court of Appeals of Indiana, Fourth District.

December 9, 1991.

Attorney(s) appearing for the Case

Robert T. Keen, Jr., Larry L. Barnard, Miller Carson & Boxberger, Fort Wayne, for appellants-defendants.

CHEZEM, Judge.

Defendants/Appellants, Timothy Fleck (Fleck) and Town of Akron (Akron), Indiana, appeal the denial of their motion for summary judgment, which asserted governmental immunity under Ind. Code 34-4-16.5-3(7).1 We reverse.

On July 6, 1989, Fleck was employed as a deputy marshal with the Town of Akron and was involved in an accident with Brian Caudill (Caudill). Prior to the accident, Fleck, in his marked squad car, was...

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