City of Hammond v. Biedron

OPINION

RUCKER, Judge.

Fred Biedron, a firefighter for the City of Hammond, was killed in the line of duty. The administratrix of his estate sued the City for negligence. The City responded by filing a motion for summary judgment contending that the administratrix's sole remedy was an action brought under the provisions of the Employer's Liability Act, Ind.Code § 22-8-9-1 to -11. The trial court denied the motion and the City now brings this interlocutory appeal arguing the trial court erred in so doing.

We affirm.

On December 16, 1991, Fred Biedron was accidentally killed while fighting a fire…