ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.’”

ADVERTISEMENT

  • 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!

Post a comment to this story

COMMENTS POLICY
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

  2. ?????????? ???? ?????? ??? ?????? ???????! ??????? ??? ??? ?? ???????? ???? ?????? ????????? ??? ??????? ????? ??????? ? ????? ?? ??????, ?? ???????, ?? ???????, ?? ??????, ?? ???? ? ?? ????? ??????? ??? ????? ??????. ???? ???????? ????????????? ??? ??????? ?????? - ??? ?? ????? ?????? ????????. ???????? ????? ????? ???????, ?????????? ????????? ????????, ????????? >>>> ?????? ????? http://xurl.es/PR0DAWEZ

  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

ADVERTISEMENT