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ROSGA v. CITY OF HAMMOND

No. 3-485 A 99.

493 N.E.2d 787 (1985)

Marion B. ROSGA, Individually and As Special Administratrix for Richard M. Rosga, Deceased, Plaintiff-Appellant, v. The CITY OF HAMMOND, Indiana and the State of Indiana, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

December 19, 1985.

Attorney(s) appearing for the Case

Michael A. Thill, Cohen, Foss, Schuman & Drake, East Chicago, Patrick F. Geary, Arnstein, Gluck, Lehr, Barron & Milligan, Chicago, Ill., for plaintiff-appellant:

Joel C. Levy, Gregory R. Lyman, Singleton, Levy, Crist & Johnson, Highland, G. Richard Potter, Deputy Atty. Gen., Indianapolis, for defendants-appellees.

GARRARD, Judge.

This case involves a claim for personal injuries and for wrongful death asserted against the City of Hammond. Without dispute the claims are subject to the provisions of the Tort Claims Act, IC 34-4-16.5-12 et seq.

The trial court granted summary judgment for the city on the basis of the failure to give notice as required by IC 34-4-16.5-7.

It is undisputed that neither Rosga nor anyone authorized by her to act in her behalf...

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