City of Tipton v. Baxter

CHEZEM, Judge.

Case Summary

Defendants-Appellants, City of Tipton (“City”) and James E. Fecher (“Fecher”), appeal from the denial of their Motion to Dismiss (converted to a summary judgment motion). We affirm.

Issue

Defendants present one (1) issue for our review, which we restate as follows:

Whether the trial court erred in denying summary judgment to Defendants.

Facts and Procedural History

On June 7, 1990, Fecher backed a City truck into a vehicle owned by Baxter Heating & Air Conditioning. Plaintiff-Appel-lee, Derek A. Baxter (“Baxter"), was a passenger in the vehicle struck by Fecher. Fecher…