ILNews

Statement in tort claim does not prevent woman from trying to recover for injuries

Back to TopCommentsE-mailPrintBookmark and Share

Even though a woman originally stated she did not suffer any injuries after her vehicle was rear ended by a police car, the Indiana Supreme Court has ruled she can file a subsequent complaint against the municipality and the police department for personal injuries.

In City of Indianapolis v. Rachael Buschman, 49S02-1201-CT-598, the Supreme Court examined the amended statute pertaining to the Indiana Tort Claims Act and concluded the Legislature intentionally removed any requirement pertaining to specifying personal injuries. It affirmed the trial court’s grant of summary judgment in Buschman’s favor and remanded for further proceedings.

“It may well be true, as the City argues, that ‘public and legislative policy support requiring notice to political subdivision of the nature of the injury to allow them to investigate and prepare defenses,’ …and that Buschman could have amended her claim once she discovered her injuries,” Justice Mark Massa wrote for the court. “The statute, however, requires neither notice ‘of the nature of the injury’ nor an amended notice. If the legislature wishes to impose either or both of these requirements, it is free to do so. We, however, are not.”

Rachael Buschman was hit by an Indianapolis Metropolitan Police Department officer in July 2008. In submitting a tort claim notice to the city of Indianapolis, she included a statement that she had not sustained any injuries as a result of the automobile accident.

However, in July 2010, Buschman and her husband filed a complaint against the city and IMPD alleging she had suffered personal injuries because of the officer’s negligence.

The trial court granted the Buschmans’ motion for summary judgment.

On appeal, the city argued Buschman’s original tort claim did not comply with the requirement of the Indiana Tort Claims Act because it noted she has suffered no injuries.

The Indiana Court of Appeals agreed. It reversed the trial court, finding Buschman’s notice did not substantially comply with the requirements of the ITCA.

However, the Supreme Court found Buschman complied with the requirements outlined in Collier V. Prater, 544 N.E.2nd 497, 498 (Ind. 1989): The notice was filed timely, it informed the city that she intended to pursue a claim and it contained details about the accident.

“Although the notice also stated ‘No injuries,’ we note the statute no longer requires any statement regarding injuries, and we do not believe the General Assembly intended to penalize claimants for including information – even information that is ultimately found to be inaccurate – beyond what the statute requires,” Massa wrote.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

ADVERTISEMENT