· 11/5/1979
Delaware County v. Powell
Citations
- 393 N.E.2d 190
- 272 Ind. 82
- 1979 Ind. LEXIS 749
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that when acts and conduct of defendant or his agents have established that purposes of notice statute have been satisfied, these acts and conduct could create estoppel
- finding substantial compliance with tort notice requirements despite lack of any writing within 180 days where defendant's conduct established that purposes of notice statute were satisfied
- reversing summary judgment on estoppel where county’s insurer admitted county’s liability, made payments to plaintiff, and told plaintiff that county “would take care of everything”
- Delaware County’s insurance carrier admitted liability, made payments to the plaintiff totaling $19,000, and told the plaintiff that “they would take care of everything”
- “When the purposes of the statute are fully satisfied, it is clear that the result is substantial compliance with the statute.”
- when acts and conduct of the defendant or his agents have established that the purposes of the ITCA notice provisions have been satisfied, summary judgment is inappropriate as these acts and conduct could create an estoppel
Source: CourtListener parenthetical corpus (CC0).
Judges: Pivarnik, Givan, Hunter, Prentice, Debruler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.