Silverman v. City of Fort Wayne

Louis and Shirley Silverman (Silverman) sued the City of Fort Wayne (City) for damages caused by a riot; Silverman alleged that City promised police protection, that City provided for a brief time the promised protection, that City then withdrew such protection, and that as a direct result of the withdrawal of protection Silverman’s property was damaged. The trial court dismissed Silverman’s action under Indiana Trial Rule 12(B) (6), failure to state a claim under which relief may be granted. On appeal, Silverman asserts that the dismissal was error. We agree; the judgment is reversed and the…