We previously wrote on the Indiana Court of Appeals’ decision in Smith v. Franklin Twp. Cmty. Sch. Corp. in which the Court of Appeals reversed a trial court’s dismissal of a personal injury lawsuit concerning a motor vehicle accident finding the pre-suit notice requirements of Indiana’s Claims Against Public Schools Act (“CAPSA”), which was enacted a year and a half after the subject accident, could not be retroactively applied. Recently, on a petition to transfer, the Indiana Supreme Court weighed in and affirmed the trial court’s dismissal on procedural grounds.
The personal injury lawsuit arose when Benjamin Smith (“Smith”) was injured when his vehicle collided with a school bus owned and operated by the Franklin Township School Corporation (“the School”). After Smith filed a lawsuit, the School filed a motion to dismiss arguing that Smith failed to comply with the notice provisions of the newly enacted CAPSA. Smith did not file a response to the motion to dismiss, and when the trial court dismissed Smith’s complaint without prejudice, he did not appeal. Instead, after two months had passed, Smith filed a series of filings requesting reinstatement of his complaint pursuant to Indiana Trial Rule 41(F), which the trial court denied.
The Indiana Supreme Court did not review whether Smith’s tort claim notice pursuant to the Indiana Tort Claims Act satisfied the notice requirements of CAPSA, or whether CAPSA could be retroactively applied given it was enacted after the subject accident. Instead, the Court focused on whether Smith followed the proper procedure in challenging the trial court’s dismissal.