Legal Opinion

Rosga v. City of Hammond

Indiana Court of Appeals

Decided December 19, 1985No. 3-485 A 99PublishedCited by 9 opinions

1Opinion of the Court

GARRARD, Judge.

This case involves a claim for personal injuries and for wrongful death asserted against the City of Hammond. Without dispute the claims are subject to the provisions of the Tort Claims Act, IC 34-4-16.5-12 et seq.

The trial court granted summary judgment for the city on the basis of the failure to give notice as required by IC 34-4-16.5-7.

It is undisputed that neither Rosga nor anyone authorized by her to act in her behalf gave any notice to the city within the requisite 180 days.

On the other hand, it appears that a notice concerning the automobile collision in which Rosga was…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Delaware County v. PowellIndiana Supreme Court · 1979
  2. Coghill v. BadgerIndiana Court of Appeals · 1981
  3. Board of Aviation Commissioners v. HestorIndiana Court of Appeals · 1985
  4. Lafayette Car Wash, Inc. v. BoesIndiana Supreme Court · 1972
  5. Batchelder v. HaxbyIndiana Court of Appeals · 1975

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Indiana State Highway Commission v. MorrisIndiana Supreme Court · 1988
  2. J.A.W. v. StateIndiana Court of Appeals · 1995
  3. Howard County Board of Commissioners v. LukowiakIndiana Court of Appeals · 2004
  4. Budden v. Board of School CommissionersIndiana Court of Appeals · 1997
  5. Dameron v. City of Scottsburg, Ind.District Court, S.D. Indiana · 1998

4 more not listed; retrieve them via the Exa API.

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