(Download) "William Easley v. Mary Aletha Williams" by Court of Appeals of Indiana * eBook PDF Kindle ePub Free
eBook details
- Title: William Easley v. Mary Aletha Williams
- Author : Court of Appeals of Indiana
- Release Date : January 20, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Appellee Anderson filed a complaint on July 29, 1975, for recovery of damages for personal injuries. Anderson alleged that on April 23, 1972, she was a passenger in a car which was involved in a collision with a vehicle driven by the Appellant DeHart. The complaint stated that she was eighteen years of age at the time of the collision. On August 18, 1975, DeHart filed his answer which consisted of a general denial. On August 26, 1975, DeHart petitioned to file an amended answer, which proposed amended answer was attached to the petition as an exhibit. The amended answer admitted the complaints allegations of the date of the incident and Andersons age at that time, and raised the Statute of Limitations as an affirmative defense. The trial court granted the petition to file the amended answer, and on November 20, 1975, the amended answer was filed. On the same date, a motion to dismiss pursuant to Ind. Rules of Procedure, Trial Rule 12(B)(6), was filed, based on the Statute of Limitations. Anderson did not respond to these motions in any way. The trial court granted the motion to dismiss on December 19, 1975. Again, Anderson did not respond. Judgment was entered January 15, 1976. Anderson then filed a Motion to Correct Errors questioning the propriety of the procedures by which the statute of limitations defense was raised, the sufficiency of evidence supporting the defense, and the allegedly retroactive application of the present disability statute. The court granted Andersons motion and ordered the cause be set for trial.
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