Barnes, J.
Case Summary
The City of Indianapolis (“the City”) appeals the trial court’s entry of summary judgment in favor of Rachael Buschman on the issue of the sufficiency of her tort claim notice. We reverse and remand.
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Buschman also argues that she was not statutorily required to submit a second notice or amend her notice once she became aware of her physical injuries. We are not persuaded that by merely submitting a tort claim notice Buschman preserved all claims and the ability to recover all damages that arose out of the accident. Such a holding would effectively eliminate “the extent of the loss” and “the amount of the damages sought” provisions from the notice requirement. I.C. § 34-13-3-10. Instead, we 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. See Lukowiak, 810 N.E.2d at 384 (observing that, although no provision of the Act authorizes a claimant to file an amended notice, had a timely amended notice been filed “we perceive of no problem with allowing the amendments to be applicable to the claim.”).
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FRIEDLANDER, J., and MAY, J., concur.