Kroger Co. v. Estate of Hinders

OPINION

MATHIAS, Judge.

Kroger Co. d/b/a Kroger Rx (“Kroger”) and Yolanda Simacek (“Simacek”) appeal the Howard Circuit Court’s order denying its Motion for Summary Judgment in favor of The Estate of John C. Hinders (“Hinders’ Estate”). The two restated issues on appeal are:

I. Whether the trial court erred when it determined that the occurrence-based statute of limitations contained in Indiana Code section 34-11-2-3 did not apply to bar Hinders’ Estate’s complaint against Kroger and Simacek; and,

II. Whether the trial court erred in determining that regardless of the applicable statute of…