TAYLOR v. LEWIS

No. 53A04-9011-CV-528.

577 N.E.2d 986 (1991)

Gregory D. TAYLOR, Appellant (Plaintiff below), v. Vickie LEWIS, Individually and in Her Capacity As Assistant Property Manager of the Monroe Reservoir of the Indiana Department of Natural Resources; James B. Roach, Individually and in His Capacity As Manager of the Department of Natural Resources; Lewis White, Individually and in His Capacity As an Employee of the Indiana Department of Natural Resources; Stephen McClain, Individually and in His Capacity As an Indiana Conservation Officer of the Indiana Department of Natural Resources; and Indiana Department of Natural Resources, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied November 4, 1991.


Attorney(s) appearing for the Case

Michael C. Kendall, Kendall Law Office, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., William Eric Brodt, Deputy Atty. Gen., Indianapolis, for appellees.


MILLER, Judge.

In this case involving a suit against the Indiana Department of Natural Resources (Department), Gregory Taylor neglected to serve a summons and a copy of the complaint on the Indiana Attorney General within the two-year statute of limitations period. The trial court, relying on Ind. Code 4-6-4-1, which provides that an action involving a state department does not commence until the attorney general is served with a copy of the complaint, dismissed Taylor...

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