Januchowski v. Nictd

• Decision Date: 07 May 2009
• Docket Number: No. 64A03-0806-CV-330.,64A03-0806-CV-330.
• Citation: 905 N.E.2d 1041
• Parties: Steven A. JANUCHOWSKI, Appellant-Plaintiff, v. NORTHERN INDIANA COMMUTER TRANSPORTATION DISTRICT, Appellee-Defendant.
• Court: Indiana Appellate Court

905 N.E.2d 1041

Steven A. JANUCHOWSKI, Appellant-Plaintiff, v. NORTHERN INDIANA COMMUTER TRANSPORTATION DISTRICT, Appellee-Defendant.

No. 64A03-0806-CV-330.

Court of Appeals of Indiana.

May 7, 2009.

Andrew S. Williams, C. Marshall Friedman, P.C., St. Louis, MO, Bruce D. Parent, Law Offices of Bruce Parent, P.C., Merrillville, IN, Attorneys for Appellant.

Robert A. Welsh, Harris Welsh & Lukmann, Chesterton, IN, Attorney for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

While working for the Northern Indiana Commuter Transportation District ("NICTD") as a carman, plaintiff Steven Januchowski alleged that he was injured by shifting panels as a result of NICTD's negligence. NICTD operates a passenger commuter rail service from South Bend, Indiana, to Chicago, Illinois. Januchowski brought his claim under the Federal Employers' Liability Act (FELA), which provides a federal cause of action for railroad employees injured as a result of negligence. Januchowski brought his claim more than two years, but less than three years, after the alleged injuries. At trial, Januchowski argued that FELA's three-year statute of limitation applied to his case. NICTD argued that Indiana's general two-year statute of limitation for personal injury torts applied because of the Indiana Tort Claims Act (ITCA), and that, as a result, Januchowski's claim was time-barred. Agreeing with NICTD on this point, the trial court granted summary judgment in favor of NICTD. Because we find that FELA's three-year statute of limitation applies under statutory law and our Supreme Court's case law, we reverse and remand.

Facts and Procedural History

In Januchowski's complaint against NICTD, Januchowski alleges that, on or about October 5, 2004, while he was engaged in his duties as a carman for NICTD, he was moving panels weighing between 100 and 200 pounds using improvised equipment because the forklift usually utilized to move panels was out of service. Januchowski stated that one of these panels shifted onto him, causing severe injuries to his back and lower extremities. Januchowski alleged that because NICTD engages in the business of operating a railway in interstate commerce, he was entitled to bring a cause of action against NICTD for its negligence under FELA, a federal statute.

Approximately sixty days after his alleged injury, Januchowski sent notice to the Indiana Secretary of State and to NICTD of his intent to sue NICTD for his injuries. Approximately 120 days after his alleged injuries, Januchowski also sent notice to the Indiana Attorney General's office of his intent to sue NICTD for his injuries. On October 31, 2006, a little over two years after the accident, Januchowski filed a complaint against NICTD in Lake County Superior Court. A few months later, the case was transferred to Porter County.

In June 2007, NICTD filed a motion for summary judgment, arguing that Januchowski failed to comply with the notice requirements of the ITCA, which provides the conditions for suit when a party sues a governmental entity. NICTD also argued that Januchowski failed to comply with Indiana's two-year statute of limitation for personal injury actions. Januchowski responded, arguing that he had complied with the notice requirements of the ITCA and that his suit was timely because he complied with the three-year statute of limitation contained in FELA. The trial court held a hearing on the motion, and both sides presented argument.

In its well-reasoned order on the summary judgment motion, the trial court determined first that NICTD was a political subdivision. As a result, Januchowski was required under the ITCA to file notice with NICTD's governing body and the Indiana political subdivision risk management commission within 180 days after the loss occurred. The trial court next determined that Januchowski had substantially complied with the notice requirements. Even though he did not send notice within 180 days to the political subdivision risk management commission as required by the ITCA for political subdivisions, because Januchowski sent notice to NICTD within sixty days of his accident the purpose of the notice statute was fulfilled. Additionally, Januchowski did send notice to the Indiana Attorney General about 120 days after the accident and to the Indiana Secretary of State about sixty days after the accident.

Finally, the trial court determined that Indiana's general two-year statute of limitation for torts applied rather than FELA's three-year statute of limitation because suits against governmental entities must be brought in compliance with the terms of the ITCA, and that as a result Januchowski's claim was time-barred. The trial court granted summary judgment in favor of NICTD. Januchowski filed a motion to correct error, which was deemed denied. Januchowski now appeals.

Discussion and Decision

On appeal, neither party contests the trial court's determination that NICTD is a political subdivision¹ nor the determination that Januchowski substantially complied with the ITCA's notice requirements. But Januchowski argues that the trial court erred by granting summary judgment to NICTD, determining that Indiana's general two-year statute of limitation for personal injury torts applies to his suit. We therefore must decide whether the general two-year state statute of limitation for torts or FELA's specific three-year statute of limitation applies to FELA claims against governmental entities in Indiana courts. To do so, we must examine the ITCA, FELA, and Indiana's general statute of limitation for torts.²

The purpose of summary judgment is to terminate litigation about which there can be no factual dispute and which may be determined as a matter of law. Bushong v. Williamson, 790 N.E.2d 467, 474 (Ind.2003). On appeal, our standard of review is the same as that of the trial court: summary judgment is appropriate only where the evidence shows there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Williams v. Riverside Cmty. Corr. Corp., 846 N.E.2d 738, 743 (Ind.Ct.App.2006), trans. denied. We construe all facts and reasonable inferences drawn from those facts in favor of the non-moving party. Id. On appeal, the trial court's order granting or denying a motion for summary judgment is cloaked with a presumption of validity. Sizemore v. Erie Ins. Exch., 789 N.E.2d 1037, 1038 (Ind.Ct. App.2003). A party appealing from an order granting summary judgment has the burden of persuading the appellate tribunal that the decision was erroneous. Id. at 1038-39. However, where the facts are undisputed and the issue presented is a pure question of law, we review the matter de novo. Crum v. City of Terre Haute ex rel. Dep't of Redev., 812 N.E.2d 164, 166 (Ind.Ct.App.2004).

Statutory interpretation is purely a question of law. Id. On appeal, we must examine FELA and its statute of limitation, the ITCA, and Indiana's general statute of limitation for torts. When courts construe statutes, the goal is to determine and give effect to the legislature's intent. Cooper Indus., LLC v. City of South Bend, 899 N.E.2d 1274, 1283 (Ind.2009). The first place courts look for evidence is the statutory language. Id. We examine statutes as a whole. Id. We presume the legislature intended the statute's language to be applied logically and consistent with the statute's underlying policy. Id. Thus, we can look to the underlying purpose of the provisions and to similar sections within the Indiana Code for guidance. Id. at 1284. Another factor to consider when determining legislative intent is the statute's location within the Indiana Code. Roberts v. Sankey, 813 N.E.2d 1195, 1198 (Ind.Ct.App.2004), reh'g denied, trans. denied.

I. FELA Background

We first examine the language and purpose of FELA. Januchowski was an employee of NICTD. NICTD operates a commuter railway system. See Ind.Code ch. 8-5-15. FELA, 45 U.S.C.A. §§ 51-60 (2009), creates a negligence cause of action for railroad employees injured in the scope of their employment. It provides:

Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

Any employee of a carrier, any part of whose duties as such employee shall be the furtherance of interstate or foreign commerce; or shall, in any way directly or closely and substantially, affect such commerce as above set forth shall, for the purposes of this chapter, be considered as being employed by such carrier in such commerce and shall be considered as entitled to the benefits of this chapter.

45 U.S.C.A. § 51 (2009). FELA's purpose is a humanitarian one. Burnett v. N.Y. Cent. R.R. Co., 380 U.S. 424, 434, 85 S.Ct. 1050, 13 L.Ed.2d 941 (1965). As a result, the United States Supreme Court has liberally construed FELA to further its remedial and humanitarian purpose. Urie v. Thompson, 337 U.S. 163, 181-82, 69 S.Ct. 1018, 93 L.Ed. 1282 (1949). In order to ensure that FELA's humanitarian purpose is met, the United States Supreme Court recognizes that FELA is meant to operate uniformly among the states. Burnett, 380 U.S. at 433, 85 S.Ct. 1050.

FELA contains a three-year³ statute of limitation:

No action shall be maintained under this chapter unless commenced within three years from the day the cause of action...