While walking in a parade in South Bend, Indiana, John Murphy stepped in a pothole and fell, injuring his leg.  Murphy sued the City of South Bend for negligently maintaining its roads.  In a motion for summary judgment, the City asserted it was immune from liability for Murphy’s injuries pursuant to Indiana Code section 34-13-3-3(a)(7), which grants a governmental entity immunity for the performance of a discretionary function.  The trial court agreed that the City’s road maintenance decisions fell under Section 34-13-3-3(a)(7), so it granted the City summary judgment on that basis.  Murphy presents one issue on appeal:  Whether the trial court erred by granting summary judgment in favor of the City on its immunity defense.

The scheduled panelists are Judge Weissmann, Judge Felix, and Judge DeBoer.