HOLTZ v. BD. OF COM'RS OF ELKHART COUNTY

No. 57A04-8905-CV-188.

548 N.E.2d 1220 (1990)

David B. HOLTZ, Appellant (Plaintiff below), v. Board of Commissioners of Elkhart County, Indiana, Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

January 25, 1990.


Attorney(s) appearing for the Case

Charles S. Leone, Nemeth, Masters & Leone, South Bend, for appellant.

Michael F. Deboni, Randall M. Jacobs, Yoder, Ainley, Ulmer & Buckingham, Goshen, for appellee.


CHEZEM, Presiding Judge.

Case Summary

Appellant, Holtz, appeals the trial court's entry of summary judgment in favor of Appellee, Board of Commissioners ("the Board"). We reverse.

Issue

The sole issue for our review is whether Holtz was required under the Indiana Tort Claims Act, I.C. 34-4-16.5-1, et seq., to file a notice of tort claim prior to filing his action for retaliatory discharge.

Facts

On August 25, 1988, Holtz...

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