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STATE, IND. DEPT. OF HIGHWAYS v. HUGHES

No. 88A01-9012-CV-490.

575 N.E.2d 676 (1991)

STATE of Indiana, Indiana Department of Highways, Appellant-Defendant, v. Nancy B. HUGHES, Appellee-Plaintiff, and Michael B. Graves, Appellee-Defendant.

Court of Appeals of Indiana, First District.

July 31, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., William Eric Brodt, Deputy Atty. Gen., Indianapolis, for appellant-defendant.

BAKER, Judge.

The plaintiff-appellee Nancy Hughes received injuries in an auto accident on February 28, 1981. She subsequently brought suit against the driver of the vehicle and the State of Indiana through its highway department. The State moved to dismiss, alleging Hughes's notice under the Indiana Tort Claims Act (ITCA) was untimely under IND. CODE 34-4-16.5-6. The trial court denied the motion, and granted the State leave to bring this interlocutory appeal. The...

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