Sizemore v. Arnold, 49A02-9410-CV-618
| Citation | 647 N.E.2d 697 |
| Decision Date | 20 March 1995 |
| Docket Number | No. 49A02-9410-CV-618,49A02-9410-CV-618 |
| Parties | Dianna M. SIZEMORE and Gilbert Sizemore, Appellants-Plaintiffs, v. Anthony ARNOLD, M.D., Appellee-Defendant. |
| Court | Court of Appeals of Indiana |
Dianna and Gilbert Sizemore appeal the trial court's entry of summary judgment that the Sizemores' bankruptcy divested them of standing to bring a medical malpractice action against Dr. Anthony Arnold. We affirm.
The facts most favorable to the Sizemores show that in April 1991, Dianna injured her ankle at work. Dr. Arnold operated on the ankle on May 23, 1991. During that surgery, Dr. Arnold cut Dianna's sural nerve, requiring additional surgery and resulting in a permanent disability.
On July 3, 1991, about six weeks after Dianna's surgery, the Sizemores filed a bankruptcy petition; their discharge was entered October 25, 1991. The potential malpractice claim against Dr. Arnold was not listed as an asset of the bankruptcy estate.
About a year after the discharge, the Sizemores filed a proposed malpractice complaint against Dr. Arnold with the Indiana Department of Insurance. Pursuant to IC 27-12-11-1, Dr. Arnold filed a copy of the Sizemores' proposed malpractice complaint with the Circuit Court of Marion County, and moved for summary judgment, contending that the Sizemores lacked standing to bring a malpractice claim against him because the claim was the property of the bankruptcy estate. The trial court granted Dr. Arnold's motion and the Sizemores appeal.
The purpose of summary judgment is to end litigation about which there can be no factual dispute and which may be determined as a matter of law. Liberty Mutual Ins. Co. v. Metzler (1992), Ind.App., 586 N.E.2d 897, 899, trans. denied. In reviewing a grant of summary judgment, we apply the same standard as did the trial court in entering it. Id. at 900. That is, summary judgment shall be granted if the designated evidence shows that "there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law." Ind.Trial Rule 56(C); Wickey v. Sparks (1994), Ind.App., 642 N.E.2d 262, 265. A genuine issue of material fact exists where facts concerning an issue which would dispose of the litigation are in dispute or where the undisputed facts are capable of supporting conflicting inferences on a dispositive issue. Scott v. Bodor, Inc. (1991), Ind.App., 571 N.E.2d 313, 318. Construing all facts and reasonable inferences against the moving party, we will affirm a summary judgment on any legal theory which is consistent with the designated evidence in the record. Wickey, 642 N.E.2d at 265.
The cause of action on a medical malpractice claim accrues on the date the alleged negligent act occurs rather than when it is discovered. See Bradley v. Stiller (1992), Ind.App., 604 N.E.2d 1242, 1244, trans. denied. Because the Sizemores' malpractice claim against Dr. Arnold is based upon allegations of negligence in his performance of the May 23, 1991 operation, their cause of action accrued on that date. Thus, the malpractice claim was an interest which the Sizemores possessed when they filed their bankruptcy petition on July 3, 1991.
The Sizemores claim they did not learn of their potential malpractice claim against Dr. Arnold until November 1991, after their bankruptcy discharge, and argue that their failure to list the claim against Dr. Arnold as an asset in their bankruptcy was free of "the smallest taint of dishonesty, concealment, or even negligence....," that "[t]hey could not disclose in their bankruptcy petitions that they had a medical malpractice claim when they did not know it and when they should not have known it [ ]," and "[b]ecause the Sizemores did not 'conce...
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...as to a material fact and the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C); Sizemore v. Arnold, 647 N.E.2d 697, 698-99 (Ind.Ct. App.1995). Once the moving party has sustained its initial burden of showing the absence of a genuine issue and the appropriatene......
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...is to end litigation about which there can be no factual dispute and which may be determined as a matter of law. Sizemore v. Arnold, 647 N.E.2d 697, 698 (Ind.Ct.App.1995). When reviewing a decision on a summary judgment motion, this court applies the same standard as does the trial court. W......
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