Bushong v. Williamson

I believe the trial court correctly concluded that the allegation of negligence upon which the Bushongs' action is premised was against a government employee acting within the seope of his employment. Accordingly, I respectfully dissent from the reversal of summary judgment that was based upon that conclusion.

Ind.Code Ann. § 34-18-3-5(a) prohibits a lawsuit against a public employee for actions committed while the employee was acting within the seope of employment. The language of that provision is clear and unmistakable, and upon that limitation we are all agreed. I part company with my…