Robertson v. Gene B. Glick Co., Inc.
2011 Ind. App. LEXIS 1970
| Ind. Ct. App. | 2011Background
- John Cunningham was shot and killed at The Woods of Eagle Creek in July 2008; Natalia Robertson, as personal representative, filed a wrongful death claim more than two years later.
- The action was brought against The Woods of Eagle Creek and its corporate owners, including Gene B. Glick Company, Briarwood Apartments LP, and Briarwood Apartments II LP.
- Indiana's General Wrongful Death Act requires the action to be commenced within two years by the personal representative.
- Robertson argued that Indiana Code § 34-11-6-1 tolling for legal disabilities should apply because the primary beneficiary, J.C., was disabled.
- The trial court dismissed the complaint as untimely, relying on Southerland that GWDA is not tollable; Robertson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 34-11-6-1 toll the GWDA time limit? | Robertson asserts tolling applies due to the beneficiary's disability. | Defendants contend the GWDA is a non-claim statute not subject to tolling. | GWDA not tolled; § 34-11-6-1 inapplicable; dismissal affirmed. |
| Do the wrongful death statutes violate the Privileges and Immunities Clause? | Disparate treatment between GWDA and CWDA tolling violates equal protection. | Statutes are rationally related to distinguishing personal representatives from others; CWDA tolling, if any, does not render GWDA unconstitutional. | Statutes do not violate Privileges and Immunities Clause. |
| Do the wrongful death statutes violate the Due Course of Law Clause? | Preventing tolling of a disability-based claim violates due process. | Legislature may limit causes of action and impose time-based conditions; no due course violation. | No due course of law violation; statute within legislative power. |
Key Cases Cited
- Southerland v. Hammond, 693 N.E.2d 74 (Ind.Ct.App.1998) (GWDA not subject to tolling; two-year period is a condition precedent)
- Chamberlain v. Parks, 692 N.E.2d 1380 (Ind.Ct.App.1998) (due course and statutory limitations in wrongful death context)
- Goleski v. Fritz, 768 N.E.2d 889 (Ind.2002) (personal representative role and timing considerations)
- Honda Motor Co. Ltd. v. Parks, 485 N.E.2d 644 (Ind.Ct.App.1985) (tolling and non-tolling principles in Indiana wrongful death context)
- Arnett v. General Motors Corp., 418 N.E.2d 546 (Ind.Ct.App.1981) (statutory interpretation of wrongful death actions)
- Elliott v. Brazil Block Coal Co., 58 N.E. 736 (Ind.App.1900) (early articulation of statutory nature of wrongful death actions)
- Chamberlain v. Parks, 692 N.E.2d 1380 (Ind.Ct.App.1998) (due course and sovereign-like limitations analysis)
- McCabe v. Comm'r, Indiana Dept. of Ins., 949 N.E.2d 816 (Ind.2011) (contextual statutory interpretation of wrongful death provisions)
- Goleski v. Fritz, 768 N.E.2d 889 (Ind.2002) (personal representative suitability and timing)