John W. Schoettmer, et al. v. Jolene Wright, et al. - 1/31/13

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Thursday  January 31, 2013 
9:00 AM  EST

9 a.m. 49S04-1210-CT-607. Following an automobile collision between Schoettmer and an employee of South Central Community Action Program, Inc., Schoettmer and the defendants’ insurer engaged in settlement negotiations that ultimately proved unsuccessful. Schoettmer did not separately provide notice of his claim to the defendants. After Schoettmer filed suit, the defendants moved for summary judgment based on Schoettmer’s noncompliance with the notice provisions of the Tort Claims Act. The trial court granted summary judgment to the defendants, and a divided panel of the Court of Appeals affirmed. Schoettmer v. Wright, 971 N.E.2d 118 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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