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BATCHELDER v. HAXBY

No. 3-274A29.

337 N.E.2d 887 (1975)

Esther C. BATCHELDER, Plaintiff-Appellant, v. Stephen M. HAXBY et al., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 16, 1976.

Attorney(s) appearing for the Case

Gene R. Duffin, Goshen, for plaintiff-appellant.

David B. Keller, City Atty., David A. Travelstead, Associate City Atty., Fort Wayne, for defendants-appellees.

GARRARD, Judge.

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.

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