Manley v. Sherer
960 N.E.2d 815
Ind. Ct. App.2011Background
- Manleys appeal trial court’s summary-judgment grant for Sherer.
- Zehr’s November 27, 2006 collision occurred after last treatment by Sherer on November 21, 2006.
- Manleys settled their suit against Zehr; they filed a proposed complaint against Sherer on November 25, 2008.
- Indiana Medical Malpractice Act two-year clock began November 21, 2006; discovery and continuing-wrong theories were raised.
- Trial court concluded no genuine issue of material fact and granted summary judgment; Manleys appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in granting summary judgment. | Manley; continuing wrong tolling and timely filing. | Sherer; untimely filing and no viable merit. | Reversed and remanded. |
Key Cases Cited
- Booth v. Wiley, 839 N.E.2d 1168 (Ind.2005) (determines discovery-based tolling under same framework as limitations)
- Garneau v. Bush, 838 N.E.2d 1134 (Ind.Ct.App.2005) (continuing wrong may toll the statute if conduct is ongoing)
- Cram v. Howell, 680 N.E.2d 1096 (Ind.1997) (duty to third parties balanced via three-factor test)
- Eads v. Cmty. Hosp., 932 N.E.2d 1239 (Ind.2010) (summary-judgment standard in Indiana)
- Herron v. Anigbo, 897 N.E.2d 444 (Ind.2008) (discovery date issues resolved by fact-finder)
- Summit Bank v. Panos, 570 N.E.2d 960 (Ind.Ct.App.1991) (causation and proximate cause under negligence)
- Spar v. Cha, 907 N.E.2d 974 (Ind.2009) (distinguishes admissibility context from summary-judgment analysis)