Burton v. BennerAnnotate this Case
The Supreme Court affirmed the judgment of the trial court awarding summary judgment in favor of Indiana State Trooper Martin Benner and dismissing Plaintiff's claim against Benner in his personal capacity after the two were involved in an accident, holding that, although there was some evidence that Trooper Benner was not in strict compliance with State Police policy at the time of the accident, this was not enough to place him "clearly outside" the scope of his employment.
At the time of the accident, Trooper Benner was off duty but was operating his state issued police commission, as allowed under the State Police policy. The trial court awarded summary judgment for Benner, concluding that although Benner was off duty he was otherwise in substantial compliance with State Police policy in operating his commission and was therefore not clearly outside the scope of his employment. The Supreme Court affirmed, holding that there was no genuine issue of material fact as to whether Benner was acting clearly outside the scope of his employment.