Langston v. Estate of Cuppels by Miller

STATON, Presiding Judge.

The day before the statute of limitations would have barred Langston's negligence action, he opened Cupples' Estate and filed his negligence action against the personal representative. Later, the trial court granted the personal representative's motion for summary judgment. Langston appeals to this Court contending that the trial court erred when it granted summary judgment because he had not opened Cupples' Estate within one year of Cupples' death pursuant to IC 1984, 29-1-14-1(d) (Burns Code Supp.).

In his appeal, Langston contends that the statute permits him to open…