ILNews

Justices agree amendment adding defendants was timely filed

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The Indiana Supreme Court on Monday granted transfer to a case and adopted the Court of Appeals opinion in the matter involving a wrongful death claim stemming from a mower accident.

Kris Schoolcraft, as personal representative of the estate of Rickie D. Schoolcraft, sued mower manufacturer Magic Circle Corp. after Rickie Schoolcraft died from injuries sustained in a mower accident. A day before the limitations period expired, she moved to amend the claim to add defendants who made parts for the mower. The motion was file-stamped that day; the trial court granted the motion to amend nearly two weeks later.

The new defendants claim the amended complaint fell outside the limitations period. The trial court denied their motion to dismiss, determining the limitation period was tolled the moment Schoolcraft filed her proposed amended complaint and the summonses.

The Court of Appeals declined to follow A.J.’s Auto Sales Inc. v. Free, 725 N.E.2d 955 (Ind. Ct. App. 2000) and instead followed a rule articulated in a Vermont case, The Children’s Store v. Cody Enters, Inc., 580 A.2d 1206-1209-11 (Vt. 1990). The appeals judges held that if they were to follow A.J.’s, then it would punish Schoolcraft for the court’s unavoidable delay in issuing an order granting leave to amend a complaint.

In a two-page per curiam decision in Camoplast Crocker, LLC, The Kelch Corporation, and Seats, Inc. v. Kris Schoolcraft, as Personal Representative of the Wrongful Death Estate of Rickie D. Schoolcraft, Deceased, et al., 29S02-1407-CT-476, the justices granted transfer to Schoolcraft and affirmed, expressly adopting the Court of Appeals opinion in this case.

 

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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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