Technisand, Inc. v. Melton

SULLIVAN, Justice.

This is the second of two cases we decide today involving the interaction of the statute of limitations provision of Indiana’s Wrongful Death Act (“WDA”), and the statute of limitations provision for an underlying substantive tort claim. Here, the limitations period under the WDA expired before the lawsuit was filed, but the limitations period for the underlying products liability claim had not. Our decision in Ellenwine v. Fairley dictates that the claim was not timely filed. 846 N.E.2d 657, 666 (Ind.2006).

Background

Both parties agree on the basic facts of the case. Patty…