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Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog

Indiana Supreme Court Rules that Late Addition of Defendants OK

Under Indiana law, a Plaintiff has two (2) years from the alleged incident to file suit. This is called the Statute of Limitations. In Camoplast Crocker, LLC, The Kelch Corporation, and Seats, Inc. v. Schoolcraft, the plaintiff sued the original defendant, Magic Circle Corporation, d/b/a Dixie Chopper, for wrongful death

Later, on the last day before the statute of limitations period ran, the plaintiff moved to amend the complaint to add new defendants and tendered an amended complaint and summons for the new defendants.  Eleven days later, the trial court granted the plaintiff's motion to amend.  The new defendants then moved to dismiss or for judgment on the pleadings and argued the amendment was too late, and outside the limitations period.  The trial court denied the new defendants' motions and ruled that the new defendants could be added to the suit. The new defendants appealed to the Indiana Appeals Court which upheld the trial court’s ruling.

The new defendants appealed to the Indiana Supreme Court. The Indiana Supreme Court agreed to hear the case and issued their opinion on July 21, 2014. The Court held that the Plaintiff’s adding of the new defendants was lawful even though the trial court took eleven (11) days to rule on the motion to amend new defendants to the suit.

Read more here.