ILNews

Justices take suit involving tort claim notice

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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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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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