Opinion

Johnson v. Gupta

  • 682 N.E.2d 827
  • 1997 Ind. App. LEXIS 935
  • 1997 WL 403702
Court
Indiana Court of Appeals
Filed
Jul 21, 1997
Status
Published
Author
Friedlander
On the bench
Staton, Garrard, Friedlander
Cited by
4 cases
Authority
More cited than 9.6%

The opinion

FRIEDLANDER, Judge,

dissenting.

I respectfully dissent from the majority’s affirmance of summary judgment in favor of the appellees.

The majority affirms summary judgment based upon its conclusion that the two-year, occurrence-based statute of limitations in the Medical Malpractice Act is constitutional. In so holding, the majority rejects Martin v. Richey, 674 N.E.2d 1015 (Ind.Ct.App.1997). The Martin panel concluded that the statute of limitations in question runs afoul of the open court guarantee contained in Article 1, § 12 of the Indiana Constitution. I agree with the Martin analysis and conclude that the statute of limitations is unconstitutional. See also Harris v. Raymond, 680 N.E.2d 551 (Ind.Ct.App.1997) (agreeing with Martin that the statute of limitations is unconstitutional).

I would reverse summary judgment upon my conclusion that the occurrence-based statute of limitations in the Medical Malpractice Act is unconstitutional.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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