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.