Discovery Rule Not Intended to Toll Indiana SOL Until Optimal Litigation Conditions are Established
In Rieth-Riley v. Gibson et al., 923 N.E.2d 472 (Ind. Ct. App. 2010), the Indiana Court of Appeals held the trial court erred when it applied the discovery rule to toll the statute of limitations for injury victim to file his amended complaint. The injury victim was involved in a motor vehicle accident and brought suit against the other driver. Through discovery and after the two-year statute of limitations had run, plaintiff found out the driver was working at the time of accident. He then amended his complaint to add the employer arguing the discovery rule tolled the statute of limitations.
Indystar.com is continuing to report on the fatal collision involving a shuttle bus and a Chevrolet Yukon occurring this past weekend in Downtown Indianapolis. The shuttle bus from Mavris Arts and Event Center carrying a bridal party, including Tom Hanley (groom) and Lauren Magee (bride), was struck by a Chevrolet Yukon at the intersection of South Street and Delaware Street. Groomsman, James Douglass, was killed in the collision. Several members of the bridal party traveling in the bus were transported to the hospital for their injuries.