Burks v. Bolerjack

ON PETITION TO TRANSFER

HUNTER, Justice.

This cause is before us on the petition to transfer of defendant Dean Bolerjack, who seeks review of the Court of Appeals’ decision found at Burks v. Bolerjack, (1980) Ind.App., 411 N.E.2d 148 (Staton, J., dissenting). We hereby grant Bolerjack’s petition to transfer and vacate the Court of Appeals’ opinion insofar as the single issue raised in the petition is concerned. That issue is:

Whether Ind. Code § 34-4-16.5-5(a) (Burns 1980 Supp.) bars an action against a governmental employee when judgment has been granted to the employing governmental entity on…