GRADUS-PIZLO v. Acton
2012 Ind. App. LEXIS 104
Ind. Ct. App.2012Background
- Acton filed a proposed medical malpractice claim on April 1, 2008 regarding Myrtle Acton's care between February–April 2006.
- Myrtle Acton was treated by Dr. Gradus-Pizlo and at Select Specialty Hospital during the relevant period.
- Myrtle suffered ventricular tachycardia on March 29, 2006, leading to cardiac arrest and subsequent death on April 12, 2006.
- Acton argued the statute of limitations began when discovery occurred, with March 29, 2006 as trigger date.
- Trial court denied summary judgment, finding genuine issues of material fact on the trigger date.
- Indiana appellate court reversed, granting summary judgment in favor of Gradus-Pizlo and Select Specialty Hospitals, concluding the claim was time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court correctly denied summary judgment on statute of limitations. | Acton asserts discovery/trigger date extended the period. | Gradus-Pizlo argues occurrence-based two-year limit barred claim. | The court held the claim was time-barred; summary judgment for Gradus-Pizlo and Select. |
Key Cases Cited
- Booth v. Wiley, 839 N.E.2d 1168 (Ind. 2005) (two-step analysis for discovery trigger in medical malpractice)
- Garneau v. Bush, 838 N.E.2d 1134 (Ind. Ct. App. 2005) (discovery/trigger date used to commence statute of limitations)
- Martin v. Richey, 711 N.E.2d 1273 (Ind. 1999) (constitutionality of occurrence-based statute in certain cases)
- Van Dusen v. Stotts, 712 N.E.2d 491 (Ind. 1999) (two-step discovery analysis for triggering limitations)
- Havens v. Ritchey, 582 N.E.2d 792 (Ind. 1991) (continuing wrongful act doctrine discussing when tolling occurs)
- First Farmers Bank & Trust Co. v. Whorley, 891 N.E.2d 604 (Ind. Ct. App. 2008) (summary judgment standards; treatment of undisputed facts)