Batchelder v. Haxby

— Appellant Batchelder filed suit for injuries sustained in an automobile collision between her vehicle and one owned by the City. The City answered in three paragraphs, one of which asserted as a defense the failure of Batchelder to give the notice required by statute. The City’s subsequent motion for summary judgment was granted for Batchelder’s failure to comply with the notice requirements of the tort claims statute. IC 1971, 18-2-2-1, Ind. Ann. Stat. § 48-8001 (Burns 1983 Repl.)1

■ On appeal Batchelder asserts the statute is an unconstitutional denial of equal protection. She also asserts…