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Sauders v. County of Steuben
Citations: 527 N.E.2d 222; 1988 Ind. App. LEXIS 596; 1988 WL 90622Docket: No. 92A03-8804-CV-115
Court: Indiana Court of Appeals; August 29, 1988; Indiana; State Appellate Court
Plaintiff-appellant Betty Jane Sauders, acting as guardian for Mark J. Sowles, appeals a trial court's partial summary judgment favoring defendants-appellees, including the County of Steuben and various officials. The appeal centers on whether Sauders’ notice of a tort claim adequately informed Steuben County of two specific allegations in her complaint. The relevant background includes Sowles' attempted suicide while detained at the Steuben County Jail on April 29, 1986, following an arrest for driving while intoxicated. The notice of tort claim filed by Sauders on October 3, 1986, stated that Sowles was found hanging in his cell from a woolen cloth strip, resulting in severe brain damage due to Steuben County's failure to monitor him. However, the notice did not mention any prior head injury or indicate that Sowles' incarceration was linked to a vehicular collision with a police officer, nor did it suggest that he had received a blow to the head during the incident. As a result, the trial court granted Steuben County's motion for partial summary judgment, dismissing claims related to the alleged automobile collision. The court, while reviewing the case, emphasized that it must interpret evidence in favor of the non-moving party. The compliance with the notice requirements under IND.CODE. 34-4-16.5-9 was identified as a legal issue for the court to resolve prior to trial. This statute mandates a clear statement of facts, including circumstances of the loss, extent of damages, and involved parties. The court concluded that Sauders’ notice failed to meet the statutory requirements, as it did not inform Steuben County of the connection between the incarceration and the automobile collision, thereby hindering the county's ability to investigate and prepare a defense. Consequently, the trial court's decision to grant partial summary judgment was affirmed, with no errors found in the process. Judges Staton and Buchanan concurred with the ruling.