Coghill v. Badger

I would reverse the summary judgment because a genuine issue exists with respect to whether the conduct and representations of The Indianapolis Public Transportation Corporation (IPTC) constitute waiver of the right to assert non-compliance with the notice statute. For this reason I do not reach the issue concerning application of I.C. 34-4-16.5-5(a).

The trier of fact should be permitted to weigh the evidence recited by the majority here. A reasonable trier of fact, having done so might well determine that the various written communications and conversations between Coghill’s attorney and the…