Melanie Webster v. Walgreen Co.
966 N.E.2d 689
Ind. Ct. App.2012Background
- Webster sued Walgreen Co. for a slip-and-fall at its Mooresville store on December 17, 2008.
- On December 13, 2010, Webster's attorney mailed the complaint via certified mail weighing six ounces, with postage determined to be $6.83.
- The postal service reweighed the envelope, found $.17 postage due, and the clerk refused to pay; the envelope was returned to the attorney.
- Carter reweighed the envelope, added stamps for eight ounces, and resent it on December 21, 2010; the clerk stamped the complaint as filed on December 22, 2010.
- By December 22, 2010, the two-year statute of limitations had run, and the complaint was untimely under that date.
- Webster sought to amend the filing date to December 13, 2010; the trial court denied the motion and later Walgreen obtained judgment on the pleadings on September 6, 2011; Webster appeals the denial of the amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mailing with insufficient postage constitutes filing under Trial Rule 5 | Webster; filing occurred when first mailed | Mailing incomplete without adequate postage | Mailing requires adequate postage; filing not complete until proper postage and second mailing |
Key Cases Cited
- Comer v. Gohil, 664 N.E.2d 389 (Ind. Ct. App. 1996) (adequate postage required for effective mailing under statute; insufficient postage means not filed)
- Boostrom v. Bach, 622 N.E.2d 175 (Ind. 1993) (filing not complete if filing fee is not paid; statutory policy to avoid stale claims prevails)
- Gulf Stream Coach, Inc. v. Cronin, 903 N.E.2d 109 (Ind. Ct. App. 2009) (interpretation of Trial Rules reviewed de novo)