Camoplast Crocker, LLC, The Kelch Corporation, and Seats, Inc. v. Kris Schoolcraft, as Personal Representative of the Wrongful Death Estate of Rickie D. Schoolcraft
ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLANT ATTORNEY FOR APPELLEE
CAMOPLAST CROCKER, LLC SEATS, INC. Daniel S. Chamberlain
Bruce P. Clark Joshua B. Fleming Indianapolis, Indiana
Jennifer E. Davis Lucy R. Dollens
Court L. Farrell Timothy L. Karns ATTORNEY FOR AMICUS
Bradley P. Clark Indianapolis, Indiana CURIAE INDIANA TRIAL
St. John, Indiana LAWYERS ASSOCIATION
ATTORNEYS FOR INTERESTED Joseph N. Williams
ATTORNEYS FOR APPELLANT PARTY MAGIC CIRCLE Indianapolis, Indiana
THE KELCH CORPORATION CORPORATION D/B/A
Ryan L. Leitch DIXIE CHOPPER
Zachary T. Lee Stephen J. Peters
Indianapolis, Indiana Timothy J. Hulett
Indianapolis, Indiana
______________________________________________________________________________
In the
Indiana Supreme Court
_________________________________ Jul 21 2014, 11:34 am
No. 29S02-1407-CT-476
CAMOPLAST CROCKER, LLC,
THE KELCH CORPORATION, AND
SEATS, INC.,
Appellants (Defendants below),
v.
KRIS SCHOOLCRAFT, AS PERSONAL REPRESENTATIVE
OF THE WRONGFUL DEATH ESTATE OF RICKIE D.
SCHOOLCRAFT, DECEASED,
Appellee (Plaintiff below),
MAGIC CIRCLE CORPORATION D/B/A
DIXIE CHOPPER,
Interested Party (Defendant below).
_________________________________
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
_________________________________
July 21, 2014
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.
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