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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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