IN CoA changes position on statute of limitations on amended complaints

In case where motion to amend complaint, adding new defendants, along with proposed amended complaint was filed before statute of limitations but amended complaint and issue of summons were approved after SOL expired, suit was timely filed as to newly added Defendants. Court expressly abrogated the position it took on the same fact pattern presented in A. J.’s Auto. Sales v. Freet, 725 N.E.2d 955 (Ind. Ct. App. 2000) (a case decided at the trial level by Judge Crone and at the appellate level by Judge Friedlander, Sr. Judge Garrard, and Judge Darden, none of whom participated in this opinion). Instead, the panel took the occasion to adopt the majority view on this issue and deemed that the addition of the defendants was timely by virtue of the filed motion and proposed complaint.

www.in.gov/judiciary/opinions/pdf/02201401msm.pdf.

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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