Borne Ex Rel. Borne v. Northwest Allen County School Corp.

GARRARD, Presiding Judge.

The plaintiff, Amanda Borne (Amanda), by and through her next friend and her parents Bruce and Marilou Borne, appeals a decision of the Allien County Superior Court that granted summary judgment in favor of the defendant school corporation, teacher and principal.

I. Issues

This case presents the following issues:

a. Whether the school corporation waived its affirmative defense of discretionary act-based governmental immunity from prosecution by waiting until it filed its motion for summary judgment to raise that defense;

b. Whether the trial court erred in ruling that the…