Newkirk v. Bethlehem Woods Nursing & Rehabilitation Center, LLC

SULLIVAN, Justice.

This is one of two cases we decide today involving the interaction of the statute of limitations provision of the Indiana Wrongful Death Act (“WDA”) and the statute of limitations provision for an underlying substantive tort claim. In this case, the limitations period for the underlying tort claim had expired before the lawsuit was filed, but the limitations period under the WDA had not. In Technisand, Inc. v. Estate of Melton ex rel. Melton, the other case we decide today, the sequence was reversed: the limitations period under the WDA had expired before the lawsuit was…