COA split on which statute of limitation applies

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.
The majority ruled the three-year statute of limitations under the FELA applied in the instant case.

In Steven A. Januchowski v. Northern Indiana Commuter Transportation District, No. 64A03-0806-CV-330, the appellate court had to decide which statute of limitation applies in suits in Indiana against political subdivisions such as the Northern Indiana Commuter Transportation District, where issues of sovereign immunity come into play. It's already been settled the FELA statute of limitations applies over state statute in suits against private entities.
Steven Januchowski worked for NICTD and was injured on the job. His complaint in state court was filed a little over two years after he was injured.
The trial court ruled Indiana's general two-year statute of limitations for torts applied rather than the FELA statute of limitations because suits against governmental entities must be brought in compliance with the Indiana Tort Claims Act. The trial court granted summary judgment in favor of NICTD.

The ITCA doesn't explicitly state which statute of limitation applies in this case, wrote Judge Nancy Vaidik, although another part of Indiana Code refers to the general statute of limitation for torts, which is two years. The majority found the omission of the statute of limitations to be significant, given the legislature has inserted specific statute of limitations into other acts. Because it doesn't expressly contain a statute of limitation, the majority disagreed with NICTD's argument the two-year statute of limitations applies to all tort claims against the state no matter what the claim.

"Because we are to treat governmental entities like private entities unless the ITCA commands otherwise and the ITCA does not do so here, we will apply FELA to NICTD as if it were a private entity," wrote the judge. "As discussed above, FELA's three-year statute of limitation is regarded as a substantive right. Having complied with the three-year statute of limitation, Januchowski's suit may proceed."

In his dissent, Judge Carr Darden wrote because Januchowski chose to proceed with his FELA claim in state court instead of federal court, he should have complied with the Indiana procedural statute providing for a two-year statute of limitations on personal injury claims. Even though the ITCA contains no express statute of limitation provision, that ignores Indiana Code Section 34-11-2-4, which gives two years for personal injury claims. The majority also ignored the long-standing principle that statutes addressing the same subject are in pari materia and to be read in harmony if possible, he wrote.


Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.