Gregor v. Szarmach

OPINION

DARDEN, Judge

STATEMENT OF THE CASE

James Gregor moved for summary judgment on William Szarmach’s claim against him, asserting the claim was barred because Szarmach had failed to file notice as required by the Indiana Tort Claims Act. He appeals the trial court’s denial of his motion. We affirm in part and reverse in part.

ISSUES

1. Whether the trial court erroneously denied Gregor’s motion for summary judgment based upon Szarmach’s failure to file notice under the Act.

2. Whether the trial court erred in ordering Gregor “estopped from claiming immunity as a government employee under the…