Opinion
No. 29S02-1407-CT-476
07-21-2014
CAMOPLAST CROCKER, LLC, THE KELCH CORPORATION, AND SEATS, INC., Appellants (Defendants), v. KRIS SCHOOLCRAFT, AS PERSONAL REPRESENTATIVE OF THE WRONGFUL DEATH ESTATE OF RICKIE D. SCHOOLCRAFT, DECEASED, Appellee (Plaintiff), MAGIC CIRCLE CORPORATION D/B/A DIXIE CHOPPER, Interested Party (Defendant).
ATTORNEYS FOR APPELLANT CAMOPLAST CROCKER, LLC Bruce P. Clark Jennifer E. Davis Court L. Farrell Bradley P. Clark St. John, Indiana ATTORNEYS FOR APPELLANT THE KELCH CORPORATION Ryan L. Leitch Zachary T. Lee Ianapolis, Indiana ATTORNEYS FOR APPELLANT SEATS, INC. Joshua B. Fleming Lucy R. Dollens Timothy L. Karns Indianapolis, Indiana ATTORNEYS FOR INTERESTED PARTY MAGIC CIRCLE CORPORATION D/B/A DIXIE CHOPPER Stephen J. peters Timothy J. Hulett Indianapolis, Indiana ATTORNEY FOR APPELLEE Daniel S. Chamberlain Indianapolis, Indiana ATTORNEY FOR AMICUS CURIAE INDIANA TRIAL LAWYERS ASSOCIATION Joseph N. Williams Indianapolis, Indiana
ATTORNEYS FOR APPELLANT
CAMOPLAST CROCKER, LLC
Bruce P. Clark
Jennifer E. Davis
Court L. Farrell
Bradley P. Clark
St. John, Indiana
ATTORNEYS FOR APPELLANT
THE KELCH CORPORATION
Ryan L. Leitch
Zachary T. Lee
Ianapolis, Indiana
ATTORNEYS FOR APPELLANT
SEATS, INC.
Joshua B. Fleming
Lucy R. Dollens
Timothy L. Karns
Indianapolis, Indiana
ATTORNEYS FOR INTERESTED
PARTY MAGIC CIRCLE
CORPORATION D/B/A
DIXIE CHOPPER
Stephen J. peters
Timothy J. Hulett
Indianapolis, Indiana
ATTORNEY FOR APPELLEE
Daniel S. Chamberlain
Indianapolis, Indiana
ATTORNEY FOR AMICUS
CURIAE INDIANA TRIAL
LAWYERS ASSOCIATION
Joseph N. Williams
Indianapolis, Indiana
Appeal from the Hamilton Superior Court, No. 29D03-1201-CT-000446
The Honorable William J. Hughes, Judge
On Petition to Transfer from the Indiana Court of Appeals, No. 29A02-1303-CT-273
Per Curiam.
The plaintiff sued the original defendant, Magic Circle Corporation d/b/a Dixie Chopper, for wrongful death. Later, on the last day before the applicable two-year limitation period expired, the plaintiff moved to amend the complaint to add new defendants and tendered an amended complaint and summonses for the new defendants. Eleven days later, the trial court granted the plaintiff's motion to amend. The new defendants then moved to dismiss or for judgment on the pleadings and argued the amendment was too late, outside the limitation period. The trial court denied the new defendants' motions and certified its ruling for discretionary interlocutory appeal.
The Court of Appeals affirmed in an opinion authored by Judge May and reported as Magic Circle Corp. v. Schoolcraft, 4 N.E.3d 768 (Ind. Ct. App. 2014). The Court of Appeals held the amendment was timely, deciding not to follow A.J.'s Automotive Sales, Inc. v. Freet, 725 N.E.2d 955, 964-66 (Ind. Ct. App. 2000), reh'g denied, trans. denied, which reached a different result under similar facts.
We agree with Judge May's analysis and the result reached by the Court of Appeals in the present appeal. Accordingly, we grant transfer, expressly adopt and incorporate by reference pursuant to Indiana Appellate Rule 58(A)(1) the Court of Appeals opinion in this case, and affirm the trial court. Dickson, C.J., and Rucker, David, Massa, and Rush, JJ., concur.