Nichols v. Amax Coal Co.

OPINION DISSENTING TO DENIAL OF REHEARING

RATLIFF, Presiding Judge.

In our original opinion, 481 N.E.2d 1108, we stated that fraud and concealment must be specifically pleaded. At 1105. We further held that because Nichols failed to plead fraudulent concealment by Amax that the statute of limitations was not tolled. At 1105.

Our holding appears to me to be directly contrary to our prior holding in Adams v. Luros (1980), Ind.App., 406 N.E.2d 1199, 1201-02, where we said:

*777"We make one more point in this regard concerning the theory of fraudulent concealment raised by Adams. Dr. Lu-ros presents at…