(Download) "Matter Estate Henry Niemiec v. George H." by Third District Court of Appeals of Indiana * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Estate Henry Niemiec v. George H.
- Author : Third District Court of Appeals of Indiana
- Release Date : January 25, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On November 20, 1979 Esteban Torres suffered personal injuries when a plastic grocery bag broke, dropping a frozen turkey on his toe. On November 19, 1981, one day before the statute of limitations would run, Esteban and Gloria Torres (the Torreses) brought suit for personal injuries against Parkview Foods, Inc. (Parkview), a division of Buy Low, Inc., an Indiana corporation and Polysak, Inc., a subsidiary of Union Carbide, a Connecticut corporation, in the United States District Court for the Northern District of Indiana. Parkview filed a motion to dismiss for lack of complete diversity on December 10, 1981. On January 20, 1982 the Torreses filed an action in the Superior Court for Lake County against the same parties on the same claim. The state court granted Parkviews motion to dismiss for failure to bring the state action within the statute of limitations period, and on March 31, 1982 the United States District Court granted Parkviews motion to dismiss. The Torreses had filed an amended complaint by leave of the Lake Superior Court on March 22, 1982, varying from the original complaint only by the additional allegation that the statute of limitations had been tolled while the federal action was pending. The court granted Parkviews subsequent motion to dismiss on January 25, 1983 and issued its order of dismissal with prejudice on February 14, 1983. Upon the denial of their motion to correct errors, the Torreses brought this appeal.