Wednesday, June 29, 2016
Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 10 NFP memorandum decision(s))
For publication opinions today (2):
In Anonymous M.D. and Anonymous Hospital v. Kenneth Lockridge, on behalf of Lily Lockridge, Rose Lockridge, and Kenneth Lockridge, Jr., Minors, and Commissioner of Indiana Dept. of Insurance , a 13-page opinion, Judge Baker writes:
Traci Leach died from lung cancer after a radiologist failed to diagnose a tumor on a CT scan. After Leach’s death, multiple medical malpractice claims were filed, including a claim filed by three of her young children. The trial court dismissed all of the claims except for the children’s because the claims were untimely filed. But it found that because the children were under the age of six at the time of the alleged negligence and under the age of eight at the time of the filing of the complaint, their claims were not time-barred. Given the plain language of the statutes at issue, we find that the trial court did not err by finding that the children’s claims were not time-barred.In Deante Dalton v. State of Indiana , a 16-page opinion, Judge Bradford writes:
Anonymous M.D. (the Doctor) and Anonymous Hospital (the Hospital) (collectively, the Appellants) bring this interlocutory appeal of the trial court’s order partially denying their summary judgment motion. The Appellants argue that the two-year statute of limitations applies to the claims of Traci’s children and that the trial court erred by denying summary judgment on those claims. * * *
We acknowledge the wisdom of the Ellenwine holding but find that it does not apply to child claimants who fall under the tolling provision. The General Assembly has carved out an explicit exception to the two-year statute of limitations for children in a limited and specific age range. We have already held that those children may be either direct or derivative claimants. It would render the tolling provision meaningless as to children who are derivative claimants to say that they are nonetheless bound by the two-year limitations period governing all other claims. It is well established that we may not interpret one provision of a statute in a way that renders other provisions of the statute meaningless. E.g., Henderson v. Coutee, 829 N.E.2d 1028, 1030 (Ind. Ct. App. 2005). Given that our legislature has decided to treat children under the age of eight in a special way for the purpose of the medical malpractice limitations period and has not limited the special treatment to direct claimants, we find that the tolling provision must apply whether the children are derivative or direct claimants. Consequently, the trial court did not err by determining that the Children in this case were not time-barred because of the two-year statute of limitations period governing the underlying claim from which their claim derives.
The judgment of the trial court is affirmed and remanded for further proceedings.
On September 14, 2014, Appellant-Defendant Deante Dalton, along with two accomplices, participated in a violent home invasion which resulted in the death of one of those accomplices, Dretarrius Rodgers. As a result of his participation in the home invasion and Rodgers’s death, Dalton was subsequently charged with felony murder. Following a jury trial, Dalton was found guilty as charged.NFP civil decisions today (4):
On appeal, Dalton contends that the evidence is insufficient to sustain his felony murder conviction. For its part, Appellee-Plaintiff the State of Indiana (the “State”) argues that the evidence is sufficient to sustain Dalton’s conviction. * * *
In light of the evidence most favorable to Dalton’s conviction, we conclude that the State presented sufficient evidence to prove that Dalton’s actions, both as a principal and as an accomplice, were a mediate or immediate cause of Rodgers’s death. We therefore affirm the judgment of the trial court.
NFP criminal decisions today (6):
Posted by Marcia Oddi on June 29, 2016 12:25 PM
Posted to Ind. App.Ct. Decisions