Moryl v. Ransone

On April 19, Plaintiff sent a proposed medical malpractice complaint to the Indiana Department of Insurance by way of FedEx Priority Overnight. On April 21, the Department received the proposed complaint and filed-stamped it that same day. April 21 was one day after the expiration of the applicable two-year statute of limitations. The trial court granted summary judgment for Defendants, concluding that the proposed complaint was considered “filed” upon receipt rather than upon deposit with a private delivery service. The court of appeals affirmed. The Supreme Court granted transfer and reversed the entry of summary judgment in favor of Defendants, holding (1) the commencement of a medical malpractice action occurs when a copy of the proposed complaint is deposited for mailing by registered or certified mail or by a designated private delivery service; and (2) Plaintiff’s action was deemed filed, and her action commenced, on April 19, which was within the applicable statute of limitations. View "Moryl v. Ransone" on Justia Law