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Delayed submission of filing fee compared to dilemma created by a $7 horse-shoe nail

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In overturning the trial court’s ruling, the Indiana Supreme Court compared the case to Poor Richard’s admonition: “For want of a Nail the Shoe was lost; for want of a Shoe, the Horse was lost; and for want of a Horse the Rider was lost, being overtaken and slain by the enemy, all for want of Care about a Horse-shoe Nail.”

Ann and Richard Miller filed a medical malpractice complaint to the Indiana Department of Insurance by certified mail on March 18, 2008. After discovering the $7 statutory filing and processing fees were not included, the department sent the Millers’ attorney a letter on March 31 stating the mandatory fees needed to be sent within 30 days and that the complaint would “not be considered filed with the Department until the filing fees…[were] received.”

When Millers’ attorney received the letter April 4, he immediately sent the check. On April 7, the department received the check and re-file-stamped the proposed complaint April 7.

The defendants subsequently raised an affirmative defense of the statute of limitations and moved for summary judgment on that basis. They argued the Millers’ proposed complaint was untimely because it did not receive the requisite filing and processing fees until April 7, three days after the statutory period ended.

The Supreme Court disagreed in Ann L. Miller and Richard A. Miller v. Glenn L. Dobbs, D.O and Partners in Health, 15S05-1302-CT-91. It pointed to the language of the “Statute of Limitations” chapter of the state’s Medical Malpractice Act which states that “a proposed complaint under Indiana Code 34-18-8 is considered filed when a copy of the proposed complaint is delivered or mailed by registered or certified mail to the commissioner.”

This, the court held, suggests that a proposed complaint is considered filed regardless of whether the required fees are submitted with it.

 “Ultimately, as we read the statute, it does not mandate that the Millers’ claim is lost for want of this seven-dollar horse-shoe nail,” Justice Massa wrote for the court. “We therefore reverse the trial court’s grant of summary judgment and remand this case for further proceedings consistent with our opinion.”





 

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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