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Stephens v. Irvin6/30/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Appellants-Defendants Kimberly Stephens ("Stephens") and Cincinnati Insurance Companies ("CIC") bring this consolidated interlocutory appeal challenging the trial court's decision to grant Appellees-Plaintiffs Derek Irvin's ("Irvin"), Missy Hodge's ("Hodge") and Sentry Insurance's ("Sentry"), collectively referred to herein as "Plaintiffs," respective Motion to Correct Error, thereby permitting Plaintiffs to add Stephens as a defendant to the underlying causes. We affirm.
Issues
We restate the dispositive issues raised on appeal as follows:
I. Whether the trial court erred in considering certain affidavits submitted with Plaintiffs' respective motions captioned "Motion to Correct Error"; and,
II. Whether the trial court abused its discretion by granting Plaintiffs' motions for leave to amend their complaints by adding Stephens as a defendant after the expiration of the two-year statute of limitations.
Facts
The facts most favorable to the judgment indicate that on November 19, 1994, Irvin and his passenger, Hodge, were driving in Frankfort, Indiana, when their automobile was struck by another vehicle owned by Patricia Brashear ("Brashear") and insured by CIC. The driver of the Brashear vehicle fled the scene of the accident before the police arrived. The passenger in the Brashear vehicle, Ralph Bailey ("Bailey"), told the police that the car belonged to him and that the driver of the vehicle had his permission to drive the car, but that he did not know the driver's name as he had only met her earlier that evening. Frankfort Police Officer Boyd Martin ("Officer Martin") arrived on the scene, investigated the accident, and prepared an Indiana Officer's Standard Crash Report ("Accident Report"). The Accident Report listed the driver of the Brashear vehicle as "Unknown".
During his investigation of the accident, Officer Martin became aware of some information that led him to suspect that Stephens had been the operator of the Brashear vehicle. Officer Martin therefore completed a "LAW Incident Table" on the day of the accident and included Stephens's name as the suspected driver of the Brashear vehicle. The LAW Incident Table was not attached to or mentioned in the Accident Report, but was made available to the public within twenty-four hours of the accident.
Procedural History
On January 18, 1995, Irvin and Hodge filed a complaint seeking damages arising out of the collision and naming Bailey and "Jane Doe" as defendants in their negligence action. In July of 1995, Irvin and Hodge deposed Bailey, who testified that he was not sure, but he thought the driver's name was Loretta Huff ("Huff") and that she was from Lafayette, Indiana. After deposing Bailey, Irvin and Hodge filed a Motion to Amend Complaint on February 5, 1996, in order to substitute "Loretta Huff" for "Jane Doe" as the driver of the Brashear car. Plaintiffs were unable to ascertain the location of Huff's residence, so service was made by publication.
On November 12, 1996, Sentry filed its complaint naming Huff as the driver in its insurance subrogation claim to recover property damage payments and medical payments issued to its insureds, Irvin and Hodge. On June 13, 1997, Sentry filed its motion for default judgment against Huff, and on June 17, 1997, default judgment was entered against Huff in the sum of $10,482.84. On June 18, 1997, CIC filed its Motion for Leave to Intervene and Motion for Stay of Proceedings or to Reconsider, which was granted on June 20, 1997. On December 11, 1998, Sentry filed its Motion to Li
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