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Fraudulent concealment tolls Wrongful Death Act’s limitations period

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The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.

Venita Hargis was a resident of The Good Samaritan Home, a nursing home in Evansville, in November 2006 when the staff told her daughter Julia Luker that Hargis fell and had to go to the hospital. The explanation was plausible because Hargis suffered from “mini-strokes.” She died Nov. 26, 2006, from a head injury from the alleged fall. In November 2009, a former employee of the nursing home told another daughter, Peggy McGee, that Hargis had been attacked by another resident, which caused her fall and head injury that led to her death.

An estate was opened for Hargis in December 2010 and the plaintiffs filed their complaint under the Wrongful Death Act Oct. 27, 2011. They alleged Good Samaritan fraudulently concealed the true cause of Hargis’ death. Good Samaritan fought the suit, arguing the plaintiffs waited more than two years after Hargis’ death to file the complaint.

The trial court concluded that the WDA’s two-year deadline had been equitably tolled but that the plaintiffs failed to file their complaint within a reasonable time. The judge granted summary judgment for Good Samaritan.

In Virginia E. Alldredge and Julia A. Luker, as Co-Personal Representatives of the Estate of Venita Hargis v. The Good Samaritan Home, Inc., 82A01-1206-CT-249, the appellate court agreed with the trial court’s reasoning that the deadline was tolled, but found fraudulent concealment allows plaintiffs a full two years after the concealment is discovered to file their wrongful death claims.

“We see no reason to impose a shorter period of time in the wrongful death context when the reason for the plaintiff’s failure to discover the action within the WDA’s two-year limitations period is the fault of the defendant rather than simply the result of a medical condition’s long latency period,” Judge John Baker wrote. “In short, it is abhorrent to think that we would treat people who have been intentionally defrauded regarding their loved one’s deaths worse than others … where the defendant’s misfeasance has been undiscovered merely on account of nature’s own time frame.”

A decedent’s personal representative shall be allowed to bring the action within the lesser of two years from the date of the discovery of the cause of the action or two years from the discovery of facts that, in the exercise of reasonable diligence, should lead to the discovery of the wrongful act or omission that resulted in the death.

In coming to its conclusion, the judges avoided holding that the WDA’s two-year statute of limitations period is unconstitutional as applied to the plaintiffs – as they argued – under the Indiana or U.S. Constitutions.

The case is remanded for continuation of the litigation.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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