City of Wakarusa v. Holdeman

CHEZEM, Judge.

Case Summary

Defendants/Appeliants, City of Wakaru-sa and Officer Ken Miller, appeal the trial court's denial of summary judgment. We affirm.

Issue

Whether the trial court erred in determining there existed material issues of fact and in denying Wakarusa's Motion for Summary Judgment.

Facts

On February 26, 1987, Officer Ken Miller (Miller), a deputy marshal for the City of Wakarusa, in Elkhart County, was involved in a motor vehicle accident with Monte W. Holdeman (Holdeman). Miller was travel ing northbound on State Road 19 checking license plates of trucks traveling southbound.…