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Published by the Indiana Office of Court Services

Alldredge v. Good Samaritan Home, Inc., No. 82A01-1206-CT-249, ___ N.E.2d ___ (Ind. Ct. App., Jan. 31, 2013).

January 31, 2013 Filed Under: Civil Tagged With: Appeals, J. Baker

Baker, J.

In this case, we consider an issue of first impression, namely, whether and to what extent the doctrine of fraudulent concealment tolls the two-year deadline for filing claims contained within Indiana’s Wrongful Death Act (the “WDA”).
….
We conclude that the WDA’s two-year limitations period is in fact tolled by fraudulent concealment and that plaintiffs whose wrongful death claims have been fraudulently concealed beyond the WDA’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence in which to file their claims. Accordingly, we affirm the trial court’s judgment in part and reverse in part.
….
RILEY, J., and BARNES, J., concur.
 

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