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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT