Hayes v. Westminster Village North, Inc.
2011 Ind. App. LEXIS 1435
| Ind. Ct. App. | 2011Background
- Hayes, administrator of Dorothy Rodarmel’s estate, sues Westminster Village North for medical malpractice-based negligence.
- Rodarmel resided at Westminster Aug 22, 2001–Dec 3, 2007; transferred to hospital and died Dec 14, 2007.
- Hayes filed a survivor action Dec 14, 2009; Department of Insurance advised Westminster not a qualified health care provider under the Medical Malpractice Act.
- Westminster moved for summary judgment; Hayes sought to amend to add wrongful death claim.
- Trial court granted summary judgment as time-barred; court later allowed amendment and held statute of limitations barred the claims.
- Court of Appeals reverses and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in granting summary judgment on statute of limitations grounds | Hayes argues JAS preservation and disability tolling saved timely filing | Westminster argues claims barred by two-year statute post-disability; no timely filing | Yes; reversal and remand for continuation under Journey's Account Statute |
Key Cases Cited
- Newkirk v. Bethlehem Woods Nursing & Rehab. Ctr., LLC, 898 N.E.2d 299 (Ind.2008) (medical malpractice two-year filing deadline for wrongful death)
- Vesolowski v. Repay, 520 N.E.2d 433 (Ind.1988) (Journey's Account Statute permits continuation if conditions met)
- Eads v. Cmty. Hosp., 932 N.E.2d 1239 (Ind.2010) (summary judgment de novo; governs tolling and JAS application)
- Irwin Mortg. Corp. v. Marion Cnty. Treasurer, 816 N.E.2d 439 (Ind.Ct.App.2004) (JAS applicability when administrative action followed by court action)
- Collins v. Dunifon, 163 Ind.App. 201, 323 N.E.2d 264 (Ind.Ct.App.1975) (unsoundness of mind typically question for trier of fact)