Seymour National Bank v. State

ROBERTSON, Judge.

Plaintiffs-appellants Seymour National Bank, as guardian for Timothy Clyde O’Sullivan and as special administrator of the Estate of Deborah O’Sullivan, and John L. O’Sullivan (collectively referred to herein as O’Sullivan) appeal from a grant of summary judgment in favor of defendant-appellee State of Indiana (State).

We reverse.

O’Sullivan sought recovery against the State for injuries allegedly due to the negligence and/or willful and wanton misconduct of an Indiana State Trooper while in the performance of acts within the scope of his employment. 1 Since issues of fact are…