claimant claim in Indiana

2025Sawlani v. Mills, 830 N.E.2d 932 , 941–42 (Ind. Ct. App. 2005), trans. denied.

2024Because even a slight degree of negligence on the part of the claimant bars a claim against a government entity, IndyGo Court of Appeals of Indiana | Opinion 23A-CT-1483 | July 19, 2024 Page 13 of 22 maintains that the uncontroverted evidence demonstrated Fergerson was contributorily negligent. [22] In Funston v. School Town of Munster, 849 N.E.2d 595 (Ind. 2006), the plaintiff sued a public school after incurring injuries caused by a fall when he leaned backwards while sitting on the top row of a set of bleachers.

2024Id. at 599 .

1980That is true as far as the primary injury is concerned but the employer’s liability for a second injury depends upon an unbroken chain of causation between it and such primary injury and the chain is broken when any independent agency, including the claimant’s negligence, intervenes and becomes the proximate cause of the second accident.” Yarbrough v. Polar Ice & Fuel Co. (1948), 118 Ind.App. 321, at 324-326 , 79 N.E.2d 422, at 423-424 .

1980That is true as far as the primary injury is concerned but the employer’s liability for a second injury depends upon an unbroken chain of causation between it and such primary injury and the chain is broken when any independent agency, including the claimant’s negligence, intervenes and becomes the proximate cause of the second accident.” Yarbrough v. Polar Ice & Fuel Co. (1948), 118 Ind.App. 321, at 324-326 , 79 N.E.2d 422, at 423-424 .

1964White and his wife Mrs. Flossie White from January 1952 to March 6, 1953, house and yard work, nursing care, tending furnace, running errands, one year and two months and one week $1119.00 Nursing care at nights March 6, 1953 to April 19th for Mrs. Flossie White, services performed for John White in housekeeping, yard work to July 3, 1954 2370.00 $3489.00 The controlling statute — §7-802, Burns’ 1963 Supp. —provides that the claimant shall state his claim by *280 filing a “succinct definite statement thereof in the office of the clerk of the court in which the estate is pending; ...” As noted

1964White and his wife Mrs. Flossie White from January 1952 to March 6, 1953, house and yard work, nursing care, tending furnace, running errands, one year and two months and one week $1119.00 Nursing care at nights March 6, 1953 to April 19th for Mrs. Flossie White, services performed for John White in housekeeping, yard work to July 3, 1954 2370.00 $3489.00 The controlling statute — §7-802, Burns’ 1963 Supp. —provides that the claimant shall state his claim by *280 filing a “succinct definite statement thereof in the office of the clerk of the court in which the estate is pending; ...” As noted

1908Waymire v. Powell, supra; Stone v. Bevans, supra; Chippewa Bridge Co. v. Durand, supra. This rule applies with full force to a case like the present, where the buyer is the seller and the claimant allows his claim to himself in defiance of a statute.

1891It is not to the point to say that there is no such person as “ the estate of Elizabeth Wathen.” It has been held that the estate of a decedent is a person, and recognized as such in law (Billings v. State, 107 Ind. 54 ), but we do not place our ruling upon that ground.

1888State, ex rel., v. Board, etc., 101 Ind. 69 ; Board, etc., v. Maxwell, 101 Ind. 268 ; Pfaff v. State, ex rel., 94 Ind. 529 ; Board, etc., v. Hon, 87 Ind. 356 .

1888State, ex rel., v. Board, etc., 101 Ind. 69 ; Board, etc., v. Maxwell, 101 Ind. 268 ; Pfaff v. State, ex rel., 94 Ind. 529 ; Board, etc., v. Hon, 87 Ind. 356 .

1888State, ex rel., v. Board, etc., 101 Ind. 69 ; Board, etc., v. Maxwell, 101 Ind. 268 ; Pfaff v. State, ex rel., 94 Ind. 529 ; Board, etc., v. Hon, 87 Ind. 356 .

1888State, ex rel., v. Board, etc., 101 Ind. 69 ; Board, etc., v. Maxwell, 101 Ind. 268 ; Pfaff v. State, ex rel., 94 Ind. 529 ; Board, etc., v. Hon, 87 Ind. 356 .