City of Muncie v. Peters

OPINION

DARDEN, Judge

STATEMENT OF THE CASE

The City of Muncie appeals from the trial court’s grant of summary judgment in favor of James Peters as a result of the City’s failure to indemnify him under Ind.Code § 34-4-16.7-1. 1

We affirm in part, reverse in part, and remand.

ISSUES

I. Whether the trial court abused its discretion in denying the City’s motion to withdraw admissions.

II. Whether I.C. § 34-4-16.7-1 confers on public employees a right of action for indemnification against the State or any of its political subdivisions.

FACTS

On or about April 1, 1989, James Peters, while acting within the…