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Expired time limit does not prevent estoppel argument, Supreme Court rules

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Citing the reasoning in a dissenting opinion, the Indiana Supreme Court has ruled an injured driver can present his argument of why he should be allowed to file a lawsuit against a government entity even though the time limit has expired.

John Schoettmer was injured on Nov. 24, 2008, after he was involved in vehicular accident with Jolene Wright, who was working for South Central Community Action Program Inc. He underwent a series of medical treatments and filed all the paperwork needed to settle his claim with Cincinnati Insurance Co., South Central’s liability insurer.

Schoettmer declined a settlement offer and eventually sued Wright and South Central for personal injury damages.

In an amended complaint, South Central asserted that as a political subdivision governed by the Indiana Tort Claims Act, it could not be sued by Schoettmer and wife Karen because the plaintiffs had not provided a notice of their claim within ITCA’s 180-day deadline.  

The trial court granted summary judgment in South Central’s favor and a split Indiana Court of Appeals upheld the ruling. However, Judge Terry Crone dissented, arguing South Central should be estopped from asserting the Schoettmers’ noncompliance with the ITCA.

Like Judge Crone, the Supreme Court agreed with the Schoettmers’ argument that equitable estoppel should prevent South Central from using the ITCA time limit as a defense. The Schoettmers were not aware the agency was a government entity covered by the act.

In John W. Schoettmer & Karen Schoettmer v. Jolene C. Wright & South Central Community Action Program Inc., 49S04-1210-CT-607, the Supreme Court reversed the trial court’s grant of summary judgment in favor of the defendants and remanded for further proceedings consistent with the court’s opinion.

Writing for the court, Judge Mark Massa pointed out that Schoettmer failed to act because of his reliance on the insurer’s instructions.

The insurance agent told him repeatedly to wait until all his medical treatments were complete before settling his claim. He provided a recorded statement and access to his medical records and bills by April 22, 2009. However, Cincinnati Insurance did not issue a settlement offer until Aug. 20, 2009, nearly three months after the 180-day time limit had expired.

“Thus,” Massa wrote, “we are included to agree with Judge Crone that ‘the designated evidence reveals that genuine issues of material fact remain, and the Schoettmers should be allowed to present proof of estoppel to the trial court.’”

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  • time limits
    Why does the government think they have the right to set time limits on filing law suits? If they can do this there should be a statute of limitations on everything including murder! This may sound extreme but all things are supposed to be equal under the law!

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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