Virginia E. Alldredge, et al. v. The Good Samaritan Home - 1/9/13

Back to TopPrintE-mail
Wednesday  January 9, 2013 
11:00 AM  EST

11 a.m. 82A01-1206-CT-249. Nearly three years after being told that Venita Hargis died from complications of a fall at a nursing home owned and operated by appellee-defendant, The Good Samaritan Home, Inc. (“Good Samaritan”), appellants-plaintiffs Virginia E. Alldredge and Julia A Luker learned that Hargis’s death had actually resulted from another patient attacking her.  Twenty-three months later, Alldredge and Luker, as co-personal representatives of Hargis’s estate, filed an action against Good Samaritan under Indiana’s Wrongful Death Statute, Indiana Code section 34-23-1-1.  Treating Good Samaritan’s motion to dismiss as a motion for summary judgment, the trial court found that Good Samaritan’s fraudulent concealment had equitably tolled the time by which the complaint needed to be filed, but that the action was nonetheless barred because Alldredge and Luker had failed to file their complaint within a reasonable time.


On appeal, Alldredge and Luker argue that the two-year timeframe required by Indiana’s Wrongful Death Statute for the filing of claims is a statute of limitations, not a condition precedent, and that Indiana Code section 34-11-5-1 applies to toll the statute of limitations such that the two years begins when the fraudulent concealment is discovered.  Furthermore, Alldredge and Luker argue that public policy considerations require this interpretation because the reasonable time standard used by the trial court violates equal protection.

Back to Events
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT