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Woman’s amended complaint is within limitations period

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The Indiana Court of Appeals Thursday spurned a previous ruling from the court and instead looked to a Vermont case to decide that a woman’s amended complaint should not be dismissed for being outside the statute of limitations.

Kris Schoolcraft, as personal representative of the wrongful death estate of Rickie D. Schoolcraft, sued mower manufacturer Magic Circle Corp. after Rickie Schoolcraft died from injuries sustained in a mower accident. On May 4, 2012, 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 May 15.

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.

Based on A.J.’s Auto Sales Inc. v. Freet, 725 N.E.2d 955 (Ind. Ct. App. 2000), the Court of Appeals should dismiss Schoolcraft’s amended complaint. The circumstances in the instant case are nearly identical to those in A.J.’s, Judge Melissa May pointed out. But instead, the appellate panel declined to follow A.J.’s and instead followed the rule that a majority of state and federal courts follow in situations where a motion to file an amended complaint is brought within the limitations period but not granted by the trial court until after the limitations period has expired.

That rule was articulated in The Children’s Store v. Cody Enters, Inc., 580 A.2d 1206, 1209-11 (Vt. 1990). The opinion stated, “If the date of commencement is based on when the court grants the motion to amend rather than when the plaintiff files the motion and proposed complaint, the plaintiff is left with uncertainty over whether the statute of limitation requirements will be met. The matter is out of the hands of the plaintiff and is controlled by the vagaries of the court’s workload. The better rule is that the action is commenced when the plaintiff files the motion to amend and the proposed complaint irrespective of when the court grants the motion to amend.”

If the panel followed A.J.’s, May wrote in Magic Circle Corporation, d/b/a Dixie Chopper, The Kelch Corporation, et al. v. Kris Schoolcraft as Personal Representative of the Wrongful Death Estate of Rickie D. Schoolcraft, Deceased, 29A02-1303-CT-273, it would punish Schoolcraft for the court’s unavoidable delay in issuing an order granting leave to amend a complaint.
 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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