Tuesday, October 10, 2023 10am to 11am
About this Event
1 Robert Egly Drive, Rossville, IN 46065
This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.
In an effort to catch robbery suspects who had fled the scene, a police officer for the Town of Speedway released a K9. Instead of following the suspects, the K9 approached and bit Jerry Bewley, who was delivering food at a customer’s home. The dog injured Jerry’s leg. Jerry and Deborah Bewley (Jerry’s wife) sued the Town of Speedway in the Marion Superior Court, alleging Jerry’s injury was caused by the Town’s negligence. The Town moved for summary judgment, arguing the officer was immune from suit under the Indiana Tort Claims Act. The trial court granted the Town’s motion. In this appeal, the Bewleys argue the Tort Claims Act does not provide immunity for the officer’s alleged negligent act of releasing the K9.
The scheduled panelists are Judge Weissmann, Judge Kenworthy, and Judge Robb.