Legal Opinion
Foster v. County Commissioners, Morgan County
Indiana Court of Appeals
Decided March 31, 1975No. 1-874A118PublishedCited by 5 opinions
1Opinion of the Court
Robertson, C.J.—
This is an appeal from a summary judgment entered in favor of the defendant-appellee (county) in a negligence action brought by the plaintiff-appellant (Foster).
The sole issue raised by this appeal is whether the granting of summary judgment was proper in light of Foster’s failure to file a claim with the county prior to filing suit in the circuit court.
We affirm.
The facts relevant to this appeal are as follows: On November 19, 1971, Foster was injured when his vehicle hit a chuckhole on one of the county’s highways. He filed his complaint on April 13, 1973, seeking recovery…
2Cases cited13 opinions
- Galbreath v. City of IndianapolisIndiana Supreme Court · 1970
- Sherfey v. City of BrazilIndiana Supreme Court · 1938
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Bass Foundry v. Board of CommissionersIndiana Supreme Court · 1888
- Cooper v. County Board of Review of Grant CountyIndiana Court of Appeals · 1971
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Batchelder v. HaxbyIndiana Court of Appeals · 1975
- Board of Com'rs of Delaware County v. BriggsIndiana Court of Appeals · 1976
- City of Fort Wayne v. CameronIndiana Court of Appeals · 1976
- Batchelder v. HaxbyIndiana Court of Appeals · 1975
- On Petition for RehearingIndiana Court of Appeals · 1976