Collier v. Prater, 544 N.E.2d 497 (Ind. 1989). · Go Syfert
Collier v. Prater, 544 N.E.2d 497 (Ind. 1989). Cases Citing This Book View Copy Cite
157 citation events (93 in the last 25 years) across 9 distinct courts.
Strongest positive: Michael E. Lyons, Denita L. Lyons, as Co-Personal Representatives of the Estate of Megan Renee Lyons v. Richmond Community School Corp. d/b/a Richmond High School Joe Spicer (indctapp, 2013-05-08) · Strongest negative: University of Mississippi Medical Center v. Jackie Aycock and Debra Aycock (miss, 2023-08-17)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Overruled University of Mississippi Medical Center v. Jackie Aycock and Debra Aycock
Miss. · 2023 · confidence bake:cell
Rouse v. Randall, 729 So. 2d 1237, 1240 (Miss. 1998), the Court abandoned strict compliance and held that “[w]hen the simple requirements of the Act have been substantially complied with, jurisdiction will attach for the purposes of the Act.” The substantial compliance standard was clarified in Carr v. Town of Shubuta, 733 So. 2d 261, 263 (Miss. 1999) (quoting Collier v. Prater, 544 N.E. 2d 497, 499 (Ind. 1989)), overruled by Stuart, 21 So. 3d 544 , in which the Court stated that substantial compliance “informs the [entity] of the claimant’s intent to make a claim and contains sufficie…
examined Cited as authority (verbatim quote) Michael E. Lyons, Denita L. Lyons, as Co-Personal Representatives of the Estate of Megan Renee Lyons v. Richmond Community School Corp. d/b/a Richmond High School Joe Spicer (2×) also: Cited as authority (rule)
Ind. Ct. App. · 2013 · signal: accord · quote attribution · 1 verbatim quote · confidence high
because the city was not apprised of the claimant's intention to bring suit, any investigation it conducted was inadequate since it was undertaken without an eye firmly cast toward potential liability and litigation.
examined Cited as authority (verbatim quote) Lyons v. Richmond Community School Corp. (2×) also: Cited as authority (rule)
Ind. Ct. App. · 2013 · signal: accord · quote attribution · 1 verbatim quote · confidence high
because the city was not apprised of the claimant's intention to bring suit, any investigation it conducted was inadequate since it was undertaken without an eye firmly cast toward potential liability and litigation.
cited Cited as authority (rule) Buggs v. McNulty
N.D. Ind. · 2025 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989).
discussed Cited as authority (rule) Mayberry v. Hall
N.D. Ind. · 2025 · confidence medium
Additionally, Mayberry contends that the details provided in the unsubmitted notice of tort claim were sufficient to satisfy the notice requirements of the ITCA, citing Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989).
cited Cited as authority (rule) MITCHELL v. TIBBS
S.D. Ind. · 2022 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989) (emphasis added).
discussed Cited as authority (rule) NEAL v. INDIANAPOLIS FIRE DEPARTMENT
S.D. Ind. · 2022 · confidence medium
Dist., 177 N.E.3d 796 , 801 (Ind. 2021) ("[O]ur substantial-compliance doctrine is clear: substantial compliance is a question of content not timing.") (citing Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989); City of Indianapolis v. Cox, 20 N.E.3d 201 , 208 n.4 (Ind. Ct. App. 2014)); See Schrieber v. Lawrence, No. 02-CV-1319, 2003 WL 1562563 , at *4, *6 (S.D.
cited Cited as authority (rule) Marvin v. St. Joseph County Sheriff Department
N.D. Ind. · 2020 · confidence medium
See Ind. Code § 34-13-3-8 (a); Collier v. Prater, 544 N.E.2d 497, 498 (Ind. 1989).
cited Cited as authority (rule) Indiana Land Trust Company, f/k/a Lake County Trust Company TR 4340 v. XL Investment Properties, LLC and LaPorte County Auditor
Ind. · 2020 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989).
discussed Cited as authority (rule) Shannon Murphy v. Indiana State University and Nick D. Pledger
Ind. Ct. App. · 2020 · confidence medium
Where a plaintiff, within the 180-day period, “fails to file any notice of an intent to make a claim, actual knowledge of the occurrence on the part of the [governmental entity], even when coupled with an investigation of the occurrence, will not suffice to prove substantial compliance.” Id. “‘What constitutes substantial compliance, while not a question of fact but one of law, is a fact-sensitive determination.’” Schoettmer, 992 N.E.2d at 707 (quoting Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989)). [20] Murphy contends she substantially complied with the Tort Claims Act, beca…
discussed Cited as authority (rule) Randy Chariton, on behalf of himself and all others similarly situated v. City of Hammond, Indiana Board of Public Works and Safety (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
“What constitutes substantial compliance, while not a question of fact but one of law, is a fact-sensitive determination.” Schoettmer, 992 N.E.2d at 707 (quoting Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989)).
discussed Cited as authority (rule) Hajduch v. Ivy Tech Community College (2×) also: Cited "see"
N.D. Ind. · 2019 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989).
cited Cited as authority (rule) Jose Zavala and Antoinette Zavala v. James Poling and the City of Crown Point, Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence medium
“What constitutes substantial compliance, while not a question of fact but one of law, is a fact-sensitive determination.” Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989).
discussed Cited as authority (rule) Town of Knightstown v. Dudley Wainscott (2×) also: Cited "see"
Ind. Ct. App. · 2017 · confidence medium
Substantial compliance is at issue here. 3 “In general, a notice that is filed •within the 180 day period, informs the municipality of the claimant’s intent to make a claim and contains sufficient information which reasonably affords the municipality an opportunity to promptly investigate the claim satisfies the purpose of the statute and will be held to substantially comply with it.” Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989).
cited Cited as authority (rule) John W. Schoettmer & Karen Schoettmer v. Jolene C. Wright & South Central Community Action Program, Inc.
Ind. · 2013 · confidence medium
“What constitutes substantial compliance, while not a question of fact but one of law, is a fact-sensitive determination.” Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989).
cited Cited as authority (rule) City of Indianapolis v. Rachael Buschman
Ind. · 2013 · confidence medium
The purpose of the ITCA is “to advise the city of the accident so that it may promptly investigate the surrounding circumstances.” Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989).
discussed Cited as authority (rule) Judy Chang v. Purdue University, The Trustees of Purdue University Dr. France A. Cordova, President of Purdue University (in her official capacity)
Ind. Ct. App. · 2013 · confidence medium
“In general, the cause of action of a tort claim accrues and the statute of limitations begins to run when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another.” Filip v. Block, 879 N.E.2d 1076, 1082 (Ind.2008) (quotation omitted). “[N]otice is sufficient if it substantially complies with the content requirements of the statute.” Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989).
cited Cited as authority (rule) City of Indianapolis v. Rachael Buschman
Ind. Ct. App. · 2012 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989).
cited Cited as authority (rule) City of Indianapolis v. Buschman
Ind. Ct. App. · 2012 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989).
cited Cited as authority (rule) Simpson v. OP PROPERTY MANAGEMENT, LLC
Ind. Ct. App. · 2010 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989).
discussed Cited as authority (rule) Caesars Riverboat Casino, LLC v. Kephart (2×)
Ind. · 2010 · confidence medium
"It is a well-known principle in Indiana that statutes 'in derogation of the common law [] are to be strictly construed against limitations on a claimant's right to bring suit"" Wine-Settergren v. Lamey, 716 N.E.2d 381, 388 (Ind.1999) (quoting Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989)).
discussed Cited as authority (rule) Boushehry v. City of Indianapolis
Ind. Ct. App. · 2010 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989); Howard County Bd. of Comm'rs v. Lukowiak, 810 N.E.2d 379, 382 (Ind.Ct.App.2004), trans. dismissed. " 'What constitutes substantial compliance, while not a question of fact, but one of law, is a fact-sensitive determination'" Lukowiak, 810 N.E.2d at 382 (quoting Collier, 544 N.E.2d at 499 ).
cited Cited as authority (rule) Bounds v. PINE BELT MENTAL HEALTH CARE RESOURCES
2d Cir. · 2010 · confidence medium
Carr, 733 So.2d at 263 (quoting Collier v. Prater, 544 N.E.2d 497, 498-99 (Ind.1989)) (first alteration in original).
discussed Cited as authority (rule) Rudnick v. Northern Indiana Commuter Transportation District
Ind. Ct. App. · 2008 · confidence medium
The statement must include the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the damages sought, and the residence of the person making the claim at the time of the loss and at the time of filing the notice. “[N]otice is sufficient if it substantially complies with the content requirements of the statute.” Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989).
discussed Cited as authority (rule) Howard County Board of Commissioners v. Lukowiak (2×)
Ind. Ct. App. · 2004 · confidence medium
Seq, e.g., Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989).
discussed Cited as authority (rule) Fairley v. George County
Miss. · 2004 · confidence medium
This Court in City of Pascagoula v. Tomlinson, 741 So.2d 224, 225 (Miss.1999), stated: In Reaves v. Randall, 729 So.2d 1237 (Miss.1998), this Court adopted a "substantial compliance" scheme, holding that "(w)hen the simple requirements of the Act have been substantially complied with, jurisdiction will attach for the purposes of the Act." In Carr v. Town of Shubuta, 733 So.2d 261 (Miss.1999), this Court approvingly cited the Indiana case of Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989) for the proposition that: [N]otice is sufficient if it substantially complies with the content requiremen…
cited Cited as authority (rule) Williams v. Clay County
Miss. · 2003 · confidence medium
Id. at 263 (emphasis added) (quoting Collier v. Prater, 544 N.E.2d 497, 498-99 (Ind. 1989)).
cited Cited as authority (rule) Alexander v. City of South Bend
N.D. Ind. · 2003 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989).' Notice under the ITCA “must describe in a short and plain statement the facts on which the claim is based.
discussed Cited as authority (rule) Evelyn Fairley v. George County, Mississippi
Miss. · 2003 · confidence medium
This Court in City of Pascagoula v. Tomlinson, 741 So.2d 224, 225 (Miss. 1999), stated: In Reaves v. Randall, 729 So.2d 1237 (Miss. 1998), this Court adopted a "substantial compliance" scheme, holding that "(w)hen the simple requirements of the Act have been substantially complied with, jurisdiction will attach for the purposes of the Act." In Carr v. Town of Shubuta, 733 So.2d 261 (Miss. 1999), this Court approvingly cited the Indiana case of Collier v. Prater, 544 N.E.2d 497, 498 (Ind. 1989) for the proposition that: [N]otice is sufficient if it substantially complies with the content requir…
cited Cited as authority (rule) Whiting v. Tunica County
N.D. Miss. · 2002 · confidence medium
Carr, 733 So.2d at 263 (citing Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989)).
cited Cited as authority (rule) Shirely K. Williams v. Clay County, Mississippi
Miss. · 2002 · confidence medium
Id. at 263 (emphasis added) (quoting Collier v. Prater, 544 N.E.2d 497, 498-99 (Ind. 1989)).
discussed Cited as authority (rule) Porter v. Fort Wayne Community Schools (2×) also: Cited "see"
Ind. Ct. App. · 2001 · confidence medium
In Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989), our supreme court stated, "In general, a notice that is filed within the 180 day period, informs the municipality of the claimant's intent to make a claim and contains sufficient information which reasonably affords the municipality an opportunity to promptly investigate the claim satisfies the purpose of the statute and will be held to substantially comply with it." (Emphasis added).
cited Cited as authority (rule) Smith v. Miller Builders, Inc.
Ind. Ct. App. · 2000 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989).
cited Cited as authority (rule) Housing Authority of Jackson v. Lampley
Miss. · 1999 · confidence medium
Id. at 263 (quoting Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989) (emphasis in original omitted)). ¶ 11.
discussed Cited as authority (rule) Wine-Settergren v. Lamey
Ind. · 1999 · confidence medium
First, it must be remembered that the remedies provided in the Worker’s Compensation Act are “in derogation of common law.” It is a well-known principle in Indiana that statutes “in derogation of the common law and are to be strictly construed against limitations on a claimant’s right to bring suit.” Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989) (citing Sherfey v. City of Brazil, 213 Ind. 493 , 13 N.E.2d 568 (1938)).
cited Cited as authority (rule) Weldon v. Universal Reagents, Inc.
Ind. Ct. App. · 1999 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989).
examined Cited as authority (rule) Overstreet v. George County School Dist. (3×)
Miss. Ct. App. · 1999 · confidence medium
Felder v. Casey, 487 U.S. 131, 142-43 , 108 S.Ct. 2302, 2309 , 101 L.Ed.2d 123, 140-41 (1988); Blohm v. Emmet County Bd. of County Road Comm., 223 Mich.App. 383 , 565 N.W.2d 924, 926 (Mich.Ct.App.1997); Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989); Fritsch v. St.
discussed Cited as authority (rule) City of Pascagoula v. Tomlinson
Miss. · 1999 · confidence medium
In Reaves v. Randall, 729 So.2d 1237 (Miss.1998), this Court adopted a "substantial compliance" scheme, holding that "(w)hen the simple requirements of the Act have been substantially complied with, jurisdiction will attach for the purposes of the Act." In Carr v. Town of Shubuta, 733 So.2d 261 (Miss.1999), this Court approvingly cited the Indiana case of Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989) for the proposition that: [N]otice is sufficient if it substantially complies with the content requirements of the statute.
cited Cited as authority (rule) Thornburg v. MAGNOLIA REG. HEALTH CENTER
Miss. · 1999 · confidence medium
(Quoting Collier v. Prater, 544 N.E.2d 497, 498-99 (Ind.1989)).
discussed Cited as authority (rule) Carr v. Town of Shubuta (2×)
Miss. · 1999 · confidence medium
Felder v. Casey, 487 U.S. 131, 142-43 , 108 S.Ct. 2302, 2309 , 101 L.Ed.2d 123, 140-41 (1988); Blohm v. Emmet County Bd. of County Road Comm., 223 Mich.App. 383 , 565 N.W.2d 924, 926 (1997); Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989); Fritsch v. St.
discussed Cited as authority (rule) McConnell v. Porter Memorial Hospital
Ind. Ct. App. · 1998 · confidence medium
Further, since it had not been advised of the McConnells’ intention to bring suit, any investigation the Hospital did conduct was “inadequate, since it was undertaken without an eye firmly cast toward potential liability and litigation.” Collier v. Prater, 544 N.E.2d 497, 499 (Ind.1989).
cited Cited as authority (rule) Paul T. McCrary v. City of Biloxi, Mississippi
Miss. · 1997 · confidence medium
Id. (citing Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989) (emphasis added)). ¶14.
cited Cited as authority (rule) Budden v. Board of School Commissioners
Ind. Ct. App. · 1997 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 500 (Ind.1989).
cited Cited as authority (rule) Housing Authority of the City of Jackson v. Mario D. Lampley
Miss. · 1997 · confidence medium
Id. at 263 (quoting Collier v. Prater, 544 N.E. 2d 497, 498 (Ind. 1989) (emphasis in original omitted). ¶11.
discussed Cited as authority (rule) City of Pascagoula, Mississippi v. Ronald Lee Tomlinson
Miss. · 1997 · confidence medium
Feb. 11, 1999), this Court approvingly cited the Indiana case of Collier v. Prater, 544 N.E.2d 497, 498 (Ind. 1989) for the proposition that: [N]otice is sufficient if it substantially complies with the content requirements of the statute.
discussed Cited as authority (rule) Agnes Carr v. Town of Shubuta (2×)
Miss. · 1996 · confidence medium
Ed. 2d 123, 140-41 (1988); Blohm v. Emmet County Bd. of County Road Comm., 565 N.W.2d 924, 926 (Mich. Ct. App. 1997); Collier v. Prater, 544 N.E.2d 497, 498 (Ind. 1989); Fritsch v. St.
cited Cited as authority (rule) Polick v. Indiana Department of Highways
Ind. · 1996 · confidence medium
Tittle v. Mahan, 582 N.E.2d 796, 800 (Ind.1991); Collier v. Prater, 544 N.E.2d 497, 498 (Ind.1989).
discussed Cited as authority (rule) Cranston v. Weston County Weed & Pest Board (2×)
Wyo. · 1992 · confidence medium
Collier v. Prater, 544 N.E.2d 497, 500 (Ind.1989).
discussed Cited "see" Carmen Martinez v. Hammond City of, et al.
N.D. Ind. · 2025 · signal: see · confidence high
See Schoettmer, 992 N.E.2d 702 (citing Collier v. Prater, 544 N.E.2d 497, 499 (Ind. 1989)) (providing that the purpose behind ITCA’s notice requirement is often satisfied when “the notice supplied by the claimant of [her] intent to take legal action contains sufficient information for the city to ascertain the full nature of the claim against it so that it can determine its liability and prepare a defense”).
discussed Cited "see" Gutierrez v. City of Indianapolis
S.D. Ind. · 2012 · signal: see · confidence high
See Collier v. Prater, 544 N.E.2d 497, 500 (Ind.1989) (noting that the crucial consideration regarding substantial compliance is “whether the notice supplied by the claimant of his intent to take legal action contains sufficient information for the city to ascertain the full nature of the claim against it so that it can determine its liability and prepare a defense”).
Retrieving the full opinion text from the archive…
Robert COLLIER, Appellant,
v.
M. PRATER and Richie Collins, City of Indianapolis, Et Al., Appellee
49S02-8910-CV-753.
Indiana Supreme Court.
Oct 11, 1989.
544 N.E.2d 497
1989 Ind. LEXIS 304
1989 WL 119795
Aaron E. Haith, Indianapolis, for appellant., Marilyn A. Moores, City-County Legal Div., Indianapolis, for appellee.
Debruler, Shepard, Dickson, Givan, Pivarnik.
Cited by 79 opinions  |  Published
DeBRULER, Justice.

Appellant Robert Collier filed suit in Marion Municipal Court for injuries he claimed to have received when he was arrested on July 16, 1985 by two officers from the Indianapolis Police Department. He was subsequently charged with carrying a handgun without a license. I.C. 35-47-2-1. His complaint alleged that appel-lees Prater and Collins used excessive force in controlling and handcuffing him. Appel-lees filed a motion for summary judgment on the grounds that Collier had not given them proper notice as required under the tort claims act. L.C. 84-4-16.5-1 et The trial court granted their motion, and in a memorandum decision, the Court of Appeals, affirmed. We grant transfer and reverse.

Collier raises three issues on appeal. He argues that his notice to the appellees of his intent to sue was timely and substantially complied with the statutory requirements, that the Court of Appeals decision was erroneous since its effect was to remove a statutory obligation upon the city to investigate a potential claim against the city, and that the trial court applied an erroneous standard in granting summary judgment and wrongly based its decision on unsworn facts. Because we find that Collier's notice was in substantial compliance with the statutory requirements, we do not reach the other issues raised by him.

The tort claims statute provides that a suit against a municipality is barred unless notice of the claim is given to the governing body within 180 days of the loss. ILC. 34-4-16.5-7. It further provides that the notice must contain a number of details concerning the loss, including the names of those involved, the extent of the loss, the time and place of the loss, the cireumstanc-es that brought about the loss, the amount of damages sought and the residence of the person making the claim. I.C. 34-4-16.5-9.

In construing a forerunner of the present law, I.C. § 48-8002 (Burns 1983), this Court has noted that requirements such as these are in derogation of the common law and are to be strictly construed against limitations on a claimant's right to bring suit. Sherfey v. City of Brazil (1938), 213 Ind. 493, 13 N.E.2d 568. In Galbreath v. City of Indianapolis (1970), 253 Ind. 472, 255 N.E.2d 225, again in construing a forerunner to the present statute, I.C. § 48-8001 (Burns 1963), we noted:

The purpose of the notice statute being to advise the city of the accident so that it may promptly investigate the surrounding cireumstances, we see no need to endorse a policy which renders the statute a trap for the unwary where such purpose has in fact been satisfied.

[*499] Id., 253 Ind. at 479-80, 255 N.E.2d at 229 (emphasis in original). Thus, a notice is sufficient if it substantially complies with the content requirements of the statute. What constitutes substantial compliance, while not a question of fact but one of law, is a fact-sensitive determination. In general, a notice that is filed within the 180 day period, informs the municipality of the claimant's intent to make a claim and contains sufficient information which reasonably affords the municipality an opportunity to promptly investigate the claim satisfies the purpose of the statute and will be held to substantially comply with it.

Accordingly, in Galbreath we held that a notice directed to a city's legal department was sufficient even though the statute required notice to the mayor. Id. Similarly, in Indiana State Highway Commission v. Morris (1988), Ind., 528 N.E.2d 468, we held that the failure of the plaintiff to file a notice with the office of the attorney general as required did not bar a claim where the governmental unit being sued, the state highway commission, sent a copy of the notice to the attorney general. However, where a plaintiff, within the 180 day period, fails to file any notice of an intent to make a claim, actual knowledge of the occurrence on the part of the city, even when coupled with an investigation of the occurrence, will not suffice to prove substantial compliance. Geyer v. City of Logansport (1977), 267 Ind. 334, 370 N.E.2d 333.

The issue of what constitutes substantial compliance where the content of the notice is being challenged has not been squarely before this Court. In City of Indianapolis v. Sate (1978), 268 Ind. 581, 377 N.E.2d 623, the claimant signed an agreement releasing the city of liability and then later filed suit against others involved and then added the city as a party after the notice period had elapsed. The claimant argued that a letter he had written to the city shortly after the incident in question occurred, coupled with the release, constituted substantial compliance with the notice requirements. The claimant's letter, however, was just an ordinary complaint letter that did not state an intent to file a claim; and, because the release was not signed in the presence of representatives from the city's legal department and the claimant's letter did not give the required information concerning the occurrence causing the injury, it was held that the claimant had not substantially complied with the notice statute. Because the city was not apprised of the claimant's intention to bring suit, any investigation it conducted was inadequate since it was undertaken without an eye firmly cast toward potential liability and litigation.

Here, by way of contrast, the city was notified by Collier's attorney within the 180 day period of the intent to seek damages from the city in an action at law. On December 5, 1985, Collier's attorney sent notice in a letter to the city legal department, the clerk and the chief of police, which letter read in part:

RE: NOTICE OF CLAIM AGAINST INDIANAPOLIS POLICE DEPT.
Claimant: Robert L. Collier
2511 Caroline
Indianapolis, Indiana 46218
Dear City Officials:
Please be advised that Mr. Collier hereby provides Notice of Claim for injuries sustained during an arrest by the Indianapolis Police Department. The officers involved were:
1. M. Prater # 8480
2. Richie Collins # 5078
Mr. Collier will seek damages sufficient to compensate him for medical treatments required as a result of the injuries sustained during his arrest. The claim will also encompass or seek recovery for time lost from work as well as for inconvenience, pain and. suffering.
The exact amount of Mr. Collier's claim cannot, be ascertained at present, however, will be subject to' immediate determination at the conclusion of his course of treatment for the injuries sustained.

Unlike Satz, the threshold requirement of notifying the city of an intent to take legal action was met here. It is therefore appropriate to consider whether the above information reasonably afforded the city an op[*500] portunity to investigate the impending claim.

The appellees cite various cases from the Court of Appeals, Orlowski v. City of South Bend (1985), Ind.App., 482 N.E.2d 1380; Burggrabe v. Board of Public Works (1984), Ind.App., 469 N.E.2d 1233; Mills v. American Playground Device Co. (1980), Ind.App., 405 N.E.2d 621, to support their argument that substantial compliance is determined by whether certain skeletal information is contained in the notice of claim. They maintain this required minimal information is the nature of the claim, the place of the injury and the party injured. Our cases do not prescribe such a rule. In fact, the essence of substantial compliance is that it rejects such a formalistic approach. The crucial consideration is whether the notice supplied by the claimant of his intent to take legal action contains sufficient information for the city to ascertain the full nature of the claim against it so that it can determine its liability and prepare a defense. Morris, 528 N.E.2d at 471. What information is sufficient will vary depending on the facts of each case.

The notice here served the purposes of the notice statute and therefore was in substantial compliance with it. It identified Collier as the claimant, stated an intent to seek damages, noted that the damages were for injuries received during an arrest, identified the persons involved in that arrest, and explained that the full extent of his damages could not be ascertained. That Collier's attorney did not include the place or date of the event producing the injury is of no great moment here. The city needed only to contact the officers involved or the police department and have» them determine from the records they are required by statute to keep, LC. 5-14-8-5, when Collier was arrested. It is inconceivable that the same two officers would have arrested so many Robert Colliers that the city's investigation would be stymied. Just as the notice statute should not become a trap for the unwary, Galbreath, 253 Ind. 472, 255 N.E.2d 225, neither should it become a refuge for the unconscientious. The appellees had all the information before them necessary to make an adequate investigation to determine their liability and prepare a defense. They failed to do so and sought protection in the formalities of the notice requirements. Allowing them protection under the circumstances here would thwart the purpose behind the notice provisions of the tort claims statute.

The decision of the Court of Appeals is vacated, the decision of the Marion Municipal Court is reversed and this case is remanded to that court for trial or other action not inconsistent with this opinion.

SHEPARD, C.J., and DICKSON, J., concur. GIVAN and PIVARNIK, JJ., dissent.