Indiana Supreme Court Permits Application of Equitable Estoppel Doctrine to Tort Claims Act Case

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This first of two posts today addresses the Indiana Supreme Court decision to reinstate the case in Schoettmer v. Wright despite the plaintiffs having failed to file proper timely notice under the Indiana Tort Claims Act (ITCA) because there was sufficient evidence to allow a jury to find that the doctrine of equitable estoppel applied to prevent the defendants from avoiding liability under the ITCA.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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