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SOUTH BEND COMMUNITY SCHOOLS v. WIDAWSKI

No. 46S03-9310-CV-1142.

622 N.E.2d 160 (1993)

SOUTH BEND COMMUNITY SCHOOLS Corporation and Bernie M. Niedbalski, Appellants (Defendants below), v. Sandra WIDAWSKI, As Next Friend of Sara Page, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 21, 1993.

Attorney(s) appearing for the Case

Philip E. Kalamaros, Edward N. Kalamaros & Assoc., South Bend, for appellant.

Steven J. Moerlein, Moerlein Law Office, South Bend, for appellee.

P. Gregory Cross, Cross, Marshall, Schuck, DeWeese, Cross & Feick, Muncie, for amicus curiae Indiana Trial Lawyers Ass'n.

DICKSON, Justice.

The issue presented in this case is whether a minor is an incapacitated person so as to toll the 180-day notice requirement of the Indiana Tort Claims Act, Ind. Code § 34-4-16.5, et seq.

Sara Page, age 7, was injured on September 18, 1989, while participating in a South Bend Community School Corporation gym class taught by Bernie M. Niedbalski. On September 19, 1991, a notice of claim...

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