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Lowe v. Northern Indiana Commuter Transportation District

granting summary judgment

Court: Supreme Court of Indiana

Docket: 21S-CT-00295

Opinion Date: December 16, 2021

Judge: Slaughter

Areas of Law: Labor & Employment Law, Personal Injury

This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

The Supreme Court affirmed the order of the trial court granting summary judgment for the Northern Indiana Commuter Transportation District and dismissing Clarence Lowe’s tort claim, holding that the District is a political subdivision under the Indiana Tort Claims Act and that Lowe’s notice was untimely.

Lowe claimed he was injured while working for the District and brought this action under the Federal Employers’ Liability Act (FELA). Lowe sent a note of tort claim to the Indiana attorney general, who received the notice 263 days after Lowe’s injury. The District argued that, for purposes of the Act, it was a political subdivision rather than a state agency and that because Lowe failed to serve it with a notice within 180 days after his injury, the Act barred his claim. The trial court agreed and granted summary judgment against Lowe. The Supreme Court affirmed, holding that the District was a political subdivision under the Act and that Lowe’s arguments neither factually nor legally excused his failure to provide timely notice.

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