This is the second of two cases we decide today involving the interaction of the statute of limitations provision of Indiana’s Wrongful Death Act (“WDA”), and the statute of limitations provision for an underlying substantive tort claim. Here, the limitations period under the WDA expired before the lawsuit was filed, but the limitations period for the underlying products liability claim had not.
Conclusion (slip op. at 6): We hold that a wrongful death claim with an underlying product liability claim must be filed within two years of the date of the decedent’s death. Therefore, we vacate the decision of the Court of Appeals, and reverse the trial court’s denial of Technisand’s motion for summary judgment.
Key Analysis (slip op. at 6): The injuries forming the basis for the substantive tort claim, that of products liability, caused Patty’s death. Pursuant to the Survival Act, Patty’s products liability claim against Technisand terminated at her death; only the WDA claim survived. The WDA requires that a wrongful death action be commenced within two years of the decedent’s date of death. Jessie conceded that he did not bring suit against Technisand within two years of Patty’s death . . . Jessie cannot use the PLA statute of limitations as an alternative to the statute of limitation contained within the WDA. His claim against Technisand was not timely filed.
Shepard, C.J., and Dickson, Boehm, and Rucker, JJ., concur.
DisclaimerADVERTISING MATERIAL www.boselaw.com/disclaimer
- Amish Litigants Forced to Honor Agreement
- Indiana Appellate Civil Case Law Summary (May 2012)
- U.S. Supreme Court Strikes Down FCC’s Indecency Determinations Against Fox And ABC
- Indiana Appellate Civil Case Law Summary (February 2012)
- Extraordinary Stay Against Newspaper Publication Should Raise Concern
- absolute privilege Advertising Injury Alternative Fee amish anonymous speech Antitrust Appeals Boehm Censorship CERCLA Class Actions Commercial Lines Policy Communications Law Defamation Discovery discovery tools Duty to Defend environmental cleanup FCC First Amendment Free Speech Indecency Indiana indiana court of appeals Indiana Supreme Court Internet Law Journalist's Privilege Justice Life Insurance Media Law Newsgathering objections public utility religious Res Judicata Sevnth Circuit sewer district Shepard Technology United States Supreme Court