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LCEOC9/21/2000
We hold here that the Lake County Equal Opportunities Council is a governmental entity entitled to protection under the Tort Claims Act, and that Greater Hammond Community Services is not.
Facts and Procedural History
On May 3, 1994, Freddie Greer, an amputee, used a bus service provided through Greater Hammond Community Services, Inc. (GHCS). Bruce Lewis, a driver employed by GHCS, transported Greer to his doctor's appointment without incident. On the return trip, however, while Greer was strapped into his wheelchair, Lewis dropped Greer down some concrete stairs. The resulting injuries eventually caused Greer's death.
Greer's estate brought a wrongful death suit against GHCS and the Lake County Equal Opportunities Council (LCEOC), an organization affiliated with GHCS. Both defendants later moved for summary judgment alleging that they were governmental entities under the Indiana Tort Claims Act, and that Greer's claim was therefore barred for failure to comply with the Act's requirement to give early notice of the claim. The trial court denied summary judgment, finding genuine issues of material fact existed as to whether LCEOC and GHCS were governmental entities.
The defendants appealed, and the Court of Appeals held that both were governmental entities entitled to the protection of the Tort Claims Act. LCEOC, Inc. v. Greer, 699 N.E.2d 763 (Ind. Ct. App. 1998). On the same day a different panel of the Court of Appeals decided Greater Hammond Community Serv. v. Mutka, 699 N.E.2d 757 (Ind. Ct. App. 1998) (Mutka), which held that GHCS was not a governmental entity. We accepted transfer to resolve the contradiction.
Discussion
The Indiana Tort Claims Act provides that a claim against a political subdivision is barred unless notice is filed with (1) the governing body of the political subdivision and (2) the Indiana Political Subdivision Risk Management Commission, within 180 days after a loss occurs. Ind. Code Ann. § 34-4-16.5-7(a) (West Supp. 1994). The Act further provides that a "governmental entity" is the state or a political subdivision of the state. Ind. Code Ann. § 34-4-16.5-2(c) (West Supp. 1994).
Defendants GHCS and LCEOC claim that they are political subdivisions (and therefore governmental entities) entitled to receive notice as specified by section 34-4-16.5-7(a).
Standard of Review
A grant of summary judgment requires that no genuine issue of material fact exist and that the movant is entitled to judgment as a matter of law. Ind. Trial Rule 56(C). On appeal from summary judgment, the reviewing court analyzes the issues in the same fashion as the trial court, de novo. Carie v. PSI Energy, Inc., 715 N.E.2d 853, 855 (Ind. 1999). The court must also view the pleadings and designated materials in the light most favorable to the non-movant, in this case, Greer.
I. LCEOC as a Political Subdivision
The Indiana Tort Claims Act provides that a community action agency shall be treated as a political subdivision, Ind. Code § 34-4-16.5-20, and must meet the following conditions:
(1) Is any of the following:
(A) A political subdivision of the State.
(B) A combination of political subdivisions.
(C) An agency of a political subdivision.
(D) A private nonprofit agency.
(2) Has the authority under state or federal law . . . to support community action programs . . . .
(3) Is designated as a community action agency by the governor or by federal law. Ind. Code Ann. § 12-14-23-2 (West 1994) (emphasis added).
It is apparent that LCEOC is a private nonprofi
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