Charles R. Whitlock v. Steel Dynamics, Inc.
2015 Ind. App. LEXIS 435
| Ind. Ct. App. | 2015Background
- Whitlock injured Apr 15, 2011 when crane failed to stop; treated and released the same day with no concussion; no further medical care for injuries.
- Plaintiff filed suit Apr 23, 2013, eight days after the two-year statute of limitations expired.
- Whitlock claimed a mental disability/tolling under Indiana Code 34-11-6-1 from April 15–April 24, 2011.
- Steel Dynamics moved for summary judgment arguing the action was time-barred; Whitlock designated affidavits from wife and mother-in-law.
- Affidavits described Whitlock as disoriented, forgetful, and dependent for some weeks, but lacked objective bases for mental-incompetence, per Rule 701.
- Trial court granted summary judgment; on appeal the court affirmed, distinguishing prior cases and noting the lack of genuine factual dispute about competence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Whitlock mentally incompetent at accrual to toll the statute? | Whitlock was incompetent April 15–April 24, 2011 | No substantial evidence of incompetence; ordinary recovery conducted | No genuine issue; Whitlock failed to prove incompetence at accrual. |
| Are the affidavits admissible and sufficient to raise a factual dispute? | Affidavits provided specific examples of disorientation and memory issues | Affidavits were conclusory without objective bases | Affidavits insufficient to create material fact; no reversible error. |
| Does case law require evidence of mental incompetence to toll in Indiana? | Incompetence tolls, as in Hayes-like scenarios, may apply | In this record, injuries not sufficient to render Whitlock incompetent | Court upheld summary judgment; no tolling. |
Key Cases Cited
- Collins v. Dunifon, 323 N.E.2d 264 (Ind. App. 1975) (definition of legally infirm for tolling; incapacity considerations)
- Hayes v. Westminster Village North, Inc., 953 N.E.2d 114 (Ind. Ct. App. 2011) (material fact question for mental incompetence tolling)
- Duwe v. Rodgers, 438 N.E.2d 759 (Ind. Ct. App. 1982) (insanity/mental incapacity must affect management of affairs)
- Hughes (Indiana Dept. of Highways v. Hughes), 575 N.E.2d 676 (Ind. Ct. App. 1991) (injury level not alone sufficient for incompetence tolling; ITCA/notice implications)
- Overton v. Grillo, 896 N.E.2d 499 (Ind. 2008) (mental health factors insufficient to establish incapacity for tolling)
- Ackles v. Hartford Underwriters Ins. Co., 699 N.E.2d 740 (Ind. Ct. App. 1998) (evidence-rule standards for admissibility of expert-like opinion)
- H Hughley v. State, 15 N.E.3d 1000 (Ind. 2014) (affidavits creating a material issue may defeat summary judgment)