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CITY OF INDIANAPOLIS v. DUFFITT

No. 49A04-0911-CV-661.

929 N.E.2d 231 (2010)

CITY OF INDIANAPOLIS, Appellant-Defendant, v. Olive DUFFITT, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 29, 2010.

Attorney(s) appearing for the Case

Jonathan L. Mayes, Chief Litigation Counsel, Beth A. Dale, Assistant Corporation Counsel, Office of Corporation Counsel, Indianapolis, IN, Attorneys for Appellant City of Indianapolis.

Carl A. Markovich, Richards, Boje, Pickering, Benner & Becker, Noblesville, IN, Attorney for Appellee.

Bryan H. Babb, Stephen C. Unger, Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Amici Curiae Indiana Association of Cities and Towns and Indiana Municipal Lawyers Association.

OPINION

BRADFORD, Judge.

In this interlocutory appeal, Appellant-Defendant the City of Indianapolis challenges the trial court's denial of its motion for summary judgment in Appellee-Plaintiff Olive Duffitt's tort action against the City for damages arising out of certain injuries sustained from her fall on the sidewalk. Upon appeal, the City claims that Duffitt's tort claim is barred on discretionary function immunity grounds under the Indiana Tort Claims...

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