McKenna v. City of Fort Wayne

MILLER, Presiding Judge.

Plaintiff-appellants Sean and John McKenna are appealing an adverse summary judgment rendered in favor of defendant-appellees, City of Fort Wayne, Indiana, and City of Fort Wayne Board of Park Commissioners (City). Sean was injured by a falling limb from a tree in municipally-owned Foster Park. The issue raised on appeal by the McKennas presents us with the question whether the injury was the result of a “natural condition of unimproved property” to which governmental immunity applies pursuant to section 3(1) of the Indiana Tort Claims Act, Ind.Code 34-4-16.5-1 et seq.…