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(1) It is the intent of this article to cover all actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant. No public entity shall be liable for such actions except as provided in this article, and no public employee shall be liable for injuries arising out of an act or omission occurring during the performance of his or her duties and within the scope of his or her employment, unless such act or omission was willful and wanton, except as provided in this article. Nothing in this section shall be construed to allow any action which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant to be brought against a public employee except in compliance with the requirements of this article.
(2)(a) A reference in this article to an injury, claim, or action that “lies in tort or could lie in tort” shall be construed in all cases to include, in addition to a direct claim or action, a claim or action asserted by way of assignment or subrogation to recover from a public entity or public employee the amount paid on a damages claim or the amount that may become payable on a damages claim because of the occurrence of an injury, as defined in section 24-10-103(2).
(b) In any case in which an assignee or subrogee asserts an injury governed by this article:
(I) The injury shall not be deemed to be separate from the injury suffered by the assignor or subrogor; and
(II) Pursuant to section 24-10-114(1.5), the assignment or subrogation concerning the injury shall not be deemed to be a separate occurrence with regard to limitations on judgments.
Cite this article: FindLaw.com - Indiana Code Title 22. Labor and Safety § 22-2-2-4 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-22-labor-and-safety/in-code-sect-22-2-2-4/
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