Legal Opinion
Niksich v. Cotton
Indiana Supreme Court
Decided June 24, 2004No. 48S02-0402-CV-80PublishedCited by 20 opinions
1Opinion of the Court
ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 48A02-0210-CV-851.
'BOEHM, Justice.
We hold that a small claims notice of "claim is sufficient if it states the general nature of the claim. A notice of claim need not allege facts that establish a right to recovery. However, a small claims court may grant a defendant's motion to dismiss the notice of claim if it is apparent from the face of the notice of claim that the plaintiff is precluded from recovery. If the dismissal is for failure to meet a pleading requirement applicable to the particular claim, the plaintiff is entitled as…
2Cases cited11 opinions
- Bushong v. WilliamsonIndiana Supreme Court · 2003
- City of Gary Ex Rel. King v. Smith & Wesson Corp.Indiana Supreme Court · 2003
- Lake County Juvenile Court v. SwansonIndiana Court of Appeals · 1996
- Hill v. DuckworthIndiana Court of Appeals · 1997
- Muhammad v. Warden, Baltimore City JailCourt of Appeals for the Fourth Circuit · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Crabtree Ex Rel. Kemp v. Estate of CrabtreeIndiana Supreme Court · 2005
- LTL TRUCK SERVICE, LLC v. Safeguard, Inc.Indiana Court of Appeals · 2004
- Eagle Aircraft, Inc. v. Anthony TrojnarIndiana Court of Appeals · 2013
- McClure v. CooperIndiana Court of Appeals · 2008
- Kalwitz v. KalwitzIndiana Court of Appeals · 2010
15 more not listed; retrieve them via the Exa API.