Legal Opinion

McCarty v. Hospital Corp. of America

Indiana Court of Appeals

Decided October 22, 1990No. 77A01-9007-CV-288PublishedCited by 3 opinions

1Opinion of the Court

BAKER, Judge.

Plaintiff-appellant John W. McCarty (McCarty) appeals the trial court's grant of judgment on the pleadings in favor of defendant-appellees Hospital Corporation of America and Terre Haute Regional Hospital (the Hospital). The sole issue presented for our review is whether McCarty's amended complaint relates back to the time of the original complaint, thus bringing the amended claims within the statute of limitations. We reverse.

FACTS

On October 1, 1982, McCarty filed his complaint for damages against the Hospital, alleging that cervical dise excision surgery performed on him at the…

2Cases cited9 opinions

  1. Colegrove v. GreenSupreme Court of the United States · 1946
  2. Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1945
  3. New Trend Beauty School, Inc. v. Indiana State Board of Beauty Culturist ExaminersIndiana Court of Appeals · 1988
  4. Gibson v. Miami Valley Milk Producers, Inc.Indiana Court of Appeals · 1973
  5. City of Crawfordsville v. MichaelIndiana Court of Appeals · 1985

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3Cited by3 opinions

  1. McCarty v. Hospital Corp. of AmericaIndiana Supreme Court · 1991
  2. Anderson v. ScottIndiana Court of Appeals · 1991
  3. McCarty v. Hospital Corp. of AmericaIndiana Supreme Court · 1991

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