Sec. 2. Immunity does not attach for a person who has acted with:
(1) gross negligence; or
(2) willful or wanton misconduct.
Exception for gross negligence or willful or wanton misconduct
Applied in 3 court decisions — leading case Ballaban v. Bloomington Jewish Community, Inc. (2013)
Most recently applied in F.D. v. Indiana Department of Child Services (November 2013)
As added by P.L.1-1997, SEC.16
Sec. 2. Immunity does not attach for a person who has acted with:
(1) gross negligence; or
(2) willful or wanton misconduct.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.