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Published by the Indiana Office of Court Services

City of Indianapolis v. Buschman, No. 49S02-1201-CT-598, __ N.E.2d __ (Ind., June 4, 2013).

June 7, 2013 Filed Under: Civil Tagged With: M. Massa, Supreme

Massa, J.
This case presents a single question: when a claimant includes information in her tort claim notice beyond that required by the Indiana Tort Claims Act, may that information operate to restrict the scope of her claim? As the statute imposes no such sanction and we are bound to construe it narrowly, we answer that question in the negative.
….
The City argues Buschman’s notice was inadequate to inform it that Buschman intended to bring a personal injury claim because the notice stated “No injuries.” We disagree.
…
Here, Buschman’s notice complies with the three requirements we outlined in Collier; it was timely filed, it informed the City that she intended to pursue a claim arising out of the July 25 car accident, and it contained detailed information about that accident, including photographs and a police report. 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. Thus, on these facts, we hold Buschman’s notice was adequate.
….
Dickson, C.J., Rucker, David, and Rush, JJ., concur.
 

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