WALLIS v. MARSHALL COUNTY COM'RS

No. 43S04-8911-CV-886.

546 N.E.2d 843 (1989)

Valerie J. WALLIS and Julie Curry, Appellants (Plaintiffs below), v. MARSHALL COUNTY COMMISSIONERS, Appellees (Defendants below).

Supreme Court of Indiana.

November 30, 1989.


Attorney(s) appearing for the Case

James L. Walmer, David C. Kolbe, Warsaw, for appellants.

R. Kent Rowe, Martin J. Gardner, Rowe, Foley & Huelat, South Bend, for appellees.


DICKSON, Justice.

In this negligence action, the trial court entered summary judgment for defendant Marshall County Commissioners upon finding the plaintiffs, Valerie J. Wallis and Julie Curry, failed to comply with the notice requirements of the Tort Claims Act. In affirming the trial court, the Court of Appeals reasoned that notice is not filed within the meaning of the Act unless it is received by the proper government entity within the statutory period of 180...

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