City of Indianapolis v. Buschman
Annotate this CaseAfter a police officer rear-ended Plaintiff's vehicle, Plaintiff submitted a tort claim notice to the City of Indianapolis. Plaintiff and her husband subsequently filed a complaint against the City and the Indianapolis Metropolitan Police Department, alleging Plaintiff suffered personal injuries as a direct result of the police officer's negligence. The trial court granted summary judgment for Plaintiffs. The City appealed, arguing that Plaintiff's tort claim notice did not substantially comply with the requirements of the Indiana Tort Claims Act because, on the form, Plaintiff stated that she suffered no injuries from the accident. The Supreme Court affirmed, holding (1) Plaintiff's notice complied with the requirements of Ind. Code 48-8001; and (2) although the notice stated "no injuries," the statute as amended no longer requires any statement regarding injuries, and the legislature did not intend to penalize claimants for including information beyond what the statute requires.
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