ILNews

Woman’s tort claim notice insufficient

Back to TopCommentsE-mailPrintBookmark and Share

A trial court improperly granted summary judgment to a woman on whether her notice to the city of Indianapolis was sufficient to inform it of a potential personal injury claim, the Indiana Court of Appeals ruled.

In City of Indianapolis v. Rachel Buschman, 49A02-1108-CT-782, the city of Indianapolis on interlocutory appeal claimed that the tort claim notice Rachel Buschman provided following an accident with a city police officer was insufficient. Buschman was rear-ended by the officer on July 25, 2008; on Aug. 1, she submitted her tort claim notice to the city. In it, she described the damage and said “no injuries.”

Less than a year later she sued the city, alleging as a result of its negligence she suffered personal injuries, including pain in her lower body and back and herniation of lumbar discs. The city contended that her claims were barred because her tort claim notice didn’t include information about personal injuries.

Buschman argued that at the time she mailed her notice, she only had soreness and didn’t believe she had an injury. It was later that she decided to seek medical treatment. The trial court concluded the notice was sufficient as a matter of law.

The Court of Appeals reversed because the notice contained an explicit denial of injuries so the city had no reason to investigate a personal injury claim or anticipate a claim for medical expenses, lost earnings, and pain and suffering, wrote Judge Michael Barnes. The judges rejected her claim that the purpose of the statute was fulfilled because the city knew of her intent to make a claim and they could investigate the specifics of the accident to prepare a defense.

“[W]e hold that, when a claimant’s notice contains a specific and definitive assessment of loss, his or her recovery is limited to the loss described in the original notice. Alternatively, if, as is the case here, additional losses are discovered after the notice has been submitted, we see no reason why the claimant could not amend the original notice or submit another notice in a timely manner,” he wrote.

The judges remanded for further proceedings.

 

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. George Grant ripped the mask off of Planned Parenthood in this fantastic read clear back in the 90's. http://www.amazon.com/Grand-Illusions-Legacy-Planned-Parenthood/dp/1581820577 Time has rendered this abortion industry goliath neither kinder nor gentler.

  2. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  3. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  4. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

ADVERTISEMENT