person making claim (Indiana) · Go Syfert
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person making claim in Indiana

12 Indiana opinions name it 1 courts 1981–2017 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Collier v. Pratergreen
ind · 1989 · cited in 3 Indiana opinions naming this issue, 2005–2013
2 sentences

2008The statement must include the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the damages sought, and the residence of the person making the claim at the time of the loss and at the time of filing the notice. “[N]otice is sufficient if it substantially complies with the content requirements of the statute.” Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989).

2005The statement must include the cireumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the damages sought, and the residence of the person making the claim at the time of the loss and at the time of filing the notice. "[N]otice is sufficient if it substantially complies with the content requirements of the statute." Howard County Bd. of Comm'rs v. Lukowiak, 810 N.E.2d 379, 382 (Ind.Ct.App.2004), clarified on reh'g, 813 N.E.2d 391 (Ind.Ct.App.2004); see also Collier v. Prater, 544 N.E.2d

33
City of Indianapolis v. Satzgreen
ind · 1978 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017Ind. Code § 34-13-3-10 (1998). [7] Compliance with these provisions “is a procedural precedent which need not be pleaded but may be raised as a defense in a responsive pleading.” City of Indianapolis v. Satz, 268 Ind. 561, 584 , 377 N.E.2d 623, 625 (Ind. 1978).

11
Fowler v. Brewergreen
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013Fowler v. Brewer, 773 N.E.2d 858, 864 (Ind.Ct.App.2002), trans. denied.

11
Filip v. Blockgreen
ind · 2008 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013“In general, the cause of action of a tort claim accrues and the statute of limitations begins to run when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another.” Filip v. Block, 879 N.E.2d 1076, 1082 (Ind.2008) (quotation omitted). “[N]otice is sufficient if it substantially complies with the content requirements of the statute.” Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989).

11
City of Evansville v. Riebergreen
indctapp · 1979 · cited in 1 Indiana opinions naming this issue, 2012–2012
2 sentences

2012I.C. § 34-13-3-10.2 Our supreme court has explained: 2 Buschman makes much of the fact that a previous version of the Act required a description of, among other things, “‘the nature and extent of the injury to person and loss, injury or damage, if any, to property, . . . and the nature of the damages arising to anyone therefrom . . . .’” City of Evansville v. Rieber, 179 Ind. App. 256, 258 , 385 N.E.2d 217, 220 (1979) (quoting Ind. Ann.

2012I.C. § 34-13-3-10.2 Our supreme court has explained: 2 Buschman makes much of the fact that a previous version of the Act required a description of, among other things, “‘the nature and extent of the injury to person and loss, injury or damage, if any, to property, . . . and the nature of the damages arising to anyone therefrom . . . .’” City of Evansville v. Rieber, 179 Ind. App. 256, 258 , 385 N.E.2d 217, 220 (1979) (quoting Ind. Ann.

11
Madden v. Erie Insurance Groupgreen
indctapp · 1994 · cited in 1 Indiana opinions naming this issue, 2010–2010
1 sentence

2010Grp., 634 N.E.2d 791, 793 (Ind.Ct.App.1994).

11
Garnelis v. Indiana State Department of Healthgreen
indctapp · 2004 · cited in 1 Indiana opinions naming this issue, 2005–2005
1 sentence

2005In determining whether substantial compliance is established, we note the purpose of the notice requirements as follows: "[Tlo inform state officials with reasonable certainty of the accident or incident and surrounding cireumstances and to advise of the injured party's intent to assert a tort claim so that the state may investigate, determine its possible liability, and prepare a defense to the claim." Garnelis v. Indiana State Dep't of Health, 806 N.E.2d 365, 368 (Ind.Ct.App.2004) (quoting Indiana Dep't of Transp. v. Shelly & Sands, Inc., 756 N.E.2d 1063, 1076 (Ind.Ct.App.2001), trans. denie

11
Howard County Board of Commissioners v. Lukowiakgreen
indctapp · 2004 · cited in 1 Indiana opinions naming this issue, 2005–2005
2 sentences

2005The statement must include the cireumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the damages sought, and the residence of the person making the claim at the time of the loss and at the time of filing the notice. "[N]otice is sufficient if it substantially complies with the content requirements of the statute." Howard County Bd. of Comm'rs v. Lukowiak, 810 N.E.2d 379, 382 (Ind.Ct.App.2004), clarified on reh'g, 813 N.E.2d 391 (Ind.Ct.App.2004); see also Collier v. Prater, 544 N.E.2d

2005The statement must include the cireumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the damages sought, and the residence of the person making the claim at the time of the loss and at the time of filing the notice. "[N]otice is sufficient if it substantially complies with the content requirements of the statute." Howard County Bd. of Comm'rs v. Lukowiak, 810 N.E.2d 379, 382 (Ind.Ct.App.2004), clarified on reh'g, 813 N.E.2d 391 (Ind.Ct.App.2004); see also Collier v. Prater, 544 N.E.2d

11
Indiana Department of Transportation v. Shelly & Sands, Inc.green
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2005–2005
1 sentence

2005In determining whether substantial compliance is established, we note the purpose of the notice requirements as follows: "[Tlo inform state officials with reasonable certainty of the accident or incident and surrounding cireumstances and to advise of the injured party's intent to assert a tort claim so that the state may investigate, determine its possible liability, and prepare a defense to the claim." Garnelis v. Indiana State Dep't of Health, 806 N.E.2d 365, 368 (Ind.Ct.App.2004) (quoting Indiana Dep't of Transp. v. Shelly & Sands, Inc., 756 N.E.2d 1063, 1076 (Ind.Ct.App.2001), trans. denie

11
Hasty v. Floyd Memorial Hospitalgreen
indctapp · 1993 · cited in 1 Indiana opinions naming this issue, 1998–1998
1 sentence

1998Hasty v. Floyd Mem’l Hosp., 612 N.E.2d 119, 122-23 (Ind.Ct.App.1992).

11
Galbreath v. City of Indianapolisgreen
ind · 1970 · cited in 1 Indiana opinions naming this issue, 1981–1981
2 sentences

1981It is “To inform the city officials with reasonable certainty of the time, place, cause and nature of the accident and the general nature and extent of the injuries so that the city might investigate all facts pertaining to its liability and prepare its defense, or adjust the claim.” Galbreath v. City of Indianapolis (1970), 253 Ind. 472, 477 , 255 N.E.2d 225, 228 (quoting Aaron v. City of Tipton (1941), 218 Ind. 227, 230-31 , 32 N.E.2d 88, 89 ).

1981It is “To inform the city officials with reasonable certainty of the time, place, cause and nature of the accident and the general nature and extent of the injuries so that the city might investigate all facts pertaining to its liability and prepare its defense, or adjust the claim.” Galbreath v. City of Indianapolis (1970), 253 Ind. 472, 477 , 255 N.E.2d 225, 228 (quoting Aaron v. City of Tipton (1941), 218 Ind. 227, 230-31 , 32 N.E.2d 88, 89 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Daugherty v. Dearborn County green
indctapp · 2005
2 sentences

2013The purpose of these requirements is “to inform a political subdivision with reasonable certainty of the accident and surrounding circumstances so that the political subdivision may investigate, determine liability and prepare a defense to the claim.” Daugherty, 827 N.E.2d at 36 .

2013The purpose of these requirements is “to inform a political subdivision with reasonable certainty of the accident and surrounding circumstances so that the political subdivision may investigate, determine liability and prepare a defense to the claim.” Daugherty, 827 N.E.2d at 36 .

22013–2013
Howard County Board of Commissioners v. Lukowiak green
indctapp · 2004
1 sentence

2005The statement must include the cireumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the damages sought, and the residence of the person making the claim at the time of the loss and at the time of filing the notice. "[N]otice is sufficient if it substantially complies with the content requirements of the statute." Howard County Bd. of Comm'rs v. Lukowiak, 810 N.E.2d 379, 382 (Ind.Ct.App.2004), clarified on reh'g, 813 N.E.2d 391 (Ind.Ct.App.2004); see also Collier v. Prater, 544 N.E.2d

12005–2005
McConnell v. Porter Memorial Hospital green
indctapp · 1998
1 sentence

2002McConnell, 698 N.E.2d at 868 . *865 Here, the letter informs the Cincinnati Insurance Company that counsel is representing the Fowlers for damages Kimberly sustained in the March 29, 1999 car accident.

12002–2002
Burggrabe v. Board of Public Works green
indctapp · 1984
1 sentence

1988Burggrabe v. Board of Public Works (1984), Ind.App., 469 N.E.2d 1233, 1235-1236 .

11988–1988
Aaron v. City of Tipton green
ind · 1941
2 sentences

1981It is “To inform the city officials with reasonable certainty of the time, place, cause and nature of the accident and the general nature and extent of the injuries so that the city might investigate all facts pertaining to its liability and prepare its defense, or adjust the claim.” Galbreath v. City of Indianapolis (1970), 253 Ind. 472, 477 , 255 N.E.2d 225, 228 (quoting Aaron v. City of Tipton (1941), 218 Ind. 227, 230-31 , 32 N.E.2d 88, 89 ).

1981It is “To inform the city officials with reasonable certainty of the time, place, cause and nature of the accident and the general nature and extent of the injuries so that the city might investigate all facts pertaining to its liability and prepare its defense, or adjust the claim.” Galbreath v. City of Indianapolis (1970), 253 Ind. 472, 477 , 255 N.E.2d 225, 228 (quoting Aaron v. City of Tipton (1941), 218 Ind. 227, 230-31 , 32 N.E.2d 88, 89 ).

11981–1981

Statutes the citing opinions construe

IN § Ind. Code § 34-13-3-10 (8) IN § Ind. Code § 34-13-3-8 (7) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NE 31 (1998–2024) IN 12 (1981–2017) IA 11 (1918–2024) OR 11 (1958–2025) TX 10 (1967–2012) NY 9 (1851–1992) MI 8 (1975–2024) IL 7 (1987–2006) CA 7 (1920–2026) AZ 6 (1932–1981) KY 6 (1909–2023) MA 6 (1974–2003) MS 5 (2005–2020) CT 4 (1912–2006) MO 4 (1908–2008) GA 4 (1900–2013) OK 4 (1916–1959) WA 4 (1891–2002) LA 4 (1933–1993) NJ 3 (1997–2001) FL 3 (1960–1984) AR 3 (1996–2011) PA 3 (1981–2024) OH 3 (2013–2023) NM 3 (1918–1984) CO 2 (1907–1986) SD 2 (2007–2025) MD 2 (1989–2008) WY 2 (1986–2025) HI 2 (1999–2012) NC 2 (1967–1973) TN 2 (2010–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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