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LYONS v. RICHMOND COMMUNITY SCHOOL CORPORATION

No. 89A04-1204-PL-159.

996 N.E.2d 1280 (2013)

Michael E. LYONS, Individually; Denita L. Lyons, Individually; Michael E. Lyons and Denita L. Lyons, as Co-personal Representatives of the Estate of Megan Renee Lyons, Deceased, Appellants/Plaintiffs, v. RICHMOND COMMUNITY SCHOOL CORPORATION d/b/a Richmond High School; Joe Spicer; Jeffrey Thorne; and Maggie Larue, in their individual and official capacities, Appellees/Defendants, Indiana Insurance Company, Appellee/Non-Party-Respondent.

Court of Appeals of Indiana.

July 31, 2013.

Attorney(s) appearing for the Case

Gary P. Price , Indianapolis, IN, Attorney for Appellants.

Rick D. Meils , John W. Mervilde , Meils Thompson Dietz & Berish, Indianapolis, IN, Attorneys for Appellees Richmond Community School Corporation et al.

James S. Stephenson , Stephenson Morow & Semler, Indianapolis, IN, Attorney for Appellee Indiana Insurance Company.

OPINION ON REHEARING

BRADFORD, Judge.

Appellees/Defendants Richmond Community School Corporation and certain school administrators ("RCSC") petition this court for rehearing. We grant RCSC's petition, in part, for the limited purpose of concluding that, "[a]lthough there may be factual issues to be determined, whether there has been compliance with the [Indiana Tort Claims] Act's notice requirement is a question of law for the court." Gregor v. Szarmach...

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