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Archive for the ‘Lawrenceburg, Indiana’ Category

Mannion Gray Quarterly Update Summer 2014 Issue 2

Friday, July 18th, 2014

Please click on the link to view the Mannion Gray Quarterly Update Summer 2014 Issue 2

Late Filing Fee Insignificant to Timeliness of IN Malpractice Claims

Monday, April 7th, 2014

Late payment of the state review panel’s filing fee for medical malpractice complaints submitted to it does not affect the statute of limitations period.

Most Indiana medical malpractice claims are required to be submitted a medical review panel before brought to court. See Indiana Code § 34-18-8-4. Indiana Code § 34-18-7-1 requires the claims to be filed within two (2) years. In Miller, et al v. Dobbs, et al., 991 N.E.2d 562 (In. 2013), Plaintiff alleged she was injured on April 3, 2006, when she suffered a stroke following a medical procedure. Nearly two years later, she filed a proposed medical malpractice complaint to a medical review panel of the Indiana Department of Insurance, but failed to submit the required $7.00 filing fee. Because she omitted the filing fee, her Complaint was rejected and was not re-filed until the filing fee was received on April 7. Both sides agreed the applicable statutory deadline was April 4, 2008.

The trial court granted summary judgment to the defendants and the court of appeals reversed. The Supreme Court, relying on the language of Indiana Code § 34-18-7-3(b), determined that the complaint was to be “considered filed when a copy of the proposed complaint is delivered or mailed by registered or certified mail to the commissioner.” The proposed complaint was mailed by certified mail on March 18, 2008 and deemed timely filed as of that date, even though unaccompanied by the required filing fee.

The full text of the opinion is available on the Supreme Court of Indiana’s website at http://www.in.gov/judiciary/opinions/pdf/07301301mm.doc.pdf

IN Supreme Court confirms DCSA does not protect consumers from themselves

Monday, December 30th, 2013

Recently, the IN Supreme Court held that the Deceptive Consumer Sales Act (DCSA) does not protect consumers from themselves and their own inferences from “puffing” in advertisements. The Court permitted, however, a common-law fraud claim where a salesman misrepresented the extent of repairs a used car would need. The Indiana Supreme Court’s full opinion can be accessed at the Court’s website at http://www.in.gov/judiciary/opinions/pdf/10291301LHR.pdf.

Traffic Speed Camera litigation

Monday, December 23rd, 2013

Judd R. Uhl represents Cincinnati-area Village of Elmwood Place in the hot button issue of traffic speed cameras. Please click HERE for a recent news article regarding the same.

Defense Verdict and New Attorney

Thursday, November 7th, 2013

TRIAL WIN: Congratulations to Mike Markins for his recent defense verdict for the Huntington Mall in West Virginia. The case involved alleged injuries from a slip and fall.

NEW ASSOCIATE: We are pleased to announce the addition of Max Hiltner as an Associate in our Cleveland office. Please view his profile by clicking HERE