Justia Indiana Supreme Court Opinion Summaries

Plaintiff suffered injuries in a collision with Jolene Wright, who was employed by South Central Community Action Program, Inc. Plaintiff and South Central's liability insurer attempted to settle, but settlement efforts failed. Plaintiff later sued Wright and South Central for personal injury damages. Defendants asserted the affirmative defense that South Central was a political subdivision subject to the Indiana Tort Claims Act (ITCA) and that Plaintiff failed to comply with the ITCA notice requirement. The trial court granted summary judgment in Defendants' favor. Plaintiff appealed, citing several reasons to excuse his failure to comply with the notice requirements of the ITCA, including waiver, substantial compliance, agency, and estoppel. The Supreme Court reversed, holding that genuine issues of material fact remained as to whether South Central should be estopped from asserting its ITCA notice defense. Remanded.View "Schoettmer v. Wright" on Justia Law