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Justices take suit involving tort claim notice

October 29, 2012

The Indiana Supreme Court will hear a case that divided the Court of Appeals on whether the victim in a car accident failed to provide notice to a government-funded agency under the Indiana Tort Claims Act.

The Court of Appeals affirmed the grant of South Central Community Action Program Inc.’s motion for summary judgment, with the majority finding that John and Karen Schoettmer did not timely file their ITCA notice. John Schoettmer was driving a vehicle when it was involved in an accident with a vehicle driven by Jolene C. Wright, who worked at the SCCAP. He was injured in a car accident and sued after rejecting a settlement offer from the agency.

The Schoettmers admitted to not providing notice to the agency as required under the ITCA, but they claimed their communications with the SCCAP’s liability insurer substantially complied with the act’s notice provisions.

Judge Terry Crone dissented.

The justices denied transfer to 19 cases for the week ending Oct. 26, including a lawsuit filed by a couple over the closure of an access road into a cemetery where their daughter is buried.

 

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