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

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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.



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  1. I commend Joe for standing up to this tyrant attorney! You ask why? Well I’m one of David Steele victims. I was in desperate need of legal help to protect my child, David saw an opportunity, and he demanded I pay him $3000. Cash. As I received motions and orders from court he did nothing! After weeks of emails asking him to address the legal issues, he responded by saying he was “on vacation “and I should be so lucky to have “my attorney” reply. Finally after lie on top of lie I asked for a full refund, which he refused. He then sent me “bills” for things he never did, such as, his appearance in the case and later claimed he withdrew. He never filed one document / motion for my case! When I finally demanded he refund my money he then turn to threats which scared my family for our lives. It seem unreal we couldn’t believe this guy. I am now over $100,000 in debt digging out of the legal mess he caused my family. Later I was finally able to hire another law office. I met Joe and we worked diligently on my case. I soon learn Joe had a passion for helping people. As anyone who has been through a legal battle it is exhausting. Joe was always more than happy to help or address an issue. Joe was knowledgeable about all my concerns at the same time he was able to reduce the stress and anxieties of my case. He would stay late and come in early, he always went the extra mile to help in any way he could. I can only imagine what Joe and his family has been through, my prayers go out to him and all the victims.

  2. Steele did more than what is listed too. He purposely sought out to ruin me, calling potential employers and then lied about me alleging all kinds of things including kidnapping. None of his allegations were true. If you are in need of an ethical and very knowledgeable family law paralegal, perhaps someone could post their contact information. Ethics cannot be purchased, either your paralegal has them or they do not.

  3. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  4. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  5. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise