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ATTORNEY FOR APPELLANT Sharon L. Stanzione Merrillville, Indiana

ATTORNEYS FOR APPELLEES Benjamen W. Murphy Merrillville, Indiana Walter J. Alvarez Crown Point, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 46S03-0606-CV-207 PORTER COUNTY SHERIFF DEPARTMENT, Appellant (Defendant below), v. RITA J. AND DOUGLAS GUZOREK, Appellees (Plaintiffs below). _________________________________ Appeal from the LaPorte Circuit Court, No. 46C01-0405-CT-144 The Honorable Robert W. Gilmore, Jr., Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 46A03-0505-CV-211 _________________________________ November 28, 2006 Boehm, Justice. The plaintiff originally sued an officer of the sheriffs' department for negligence in the course of his duties. We hold that on the facts of this case an amended complaint adding the sheriffs' department as a defendant relates back to the date of the original complaint and is therefore not barred by the statute of limitations if the original action was timely filed.

Facts and Procedural History On August 11, 2000, a Porter County Sheriff Department (PCSD) vehicle driven by Officer Joseph R. Falatic struck Rita J. Guzorek's vehicle from behind while she was stopped at a stop sign. At the time of the collision, Officer Falatic was returning from a response to a residential alarm. Nineteen days later, on August 30, 2000, Guzorek's attorney sent a Tort Claims Act notice to the Indiana Political Subdivision Risk Management Commission, the Porter County Sheriff, the Porter County Attorney, the Porter County Commissioners, and the Porter County Council. The notice stated that at the time of the collision Officer Falatic "was acting within the course and scope of his employment so as to make Porter County liable for the negligence of its employees." The notice also indicated that Guzorek's damages would not exceed $300,000. On August 6, 2002, five days before expiration of the two-year statute of limitations, Guzorek and her husband filed a complaint naming Falatic as the only defendant. The complaint did not mention PCSD or Falatic's employment with PCSD. Falatic filed his answer on June 2, 2003 stating that at the time of the accident he was employed by Porter County and was acting within the course and scope of his employment. Falatic asserted as an affirmative defense that the complaint failed to allege any of the conditions listed in the Tort Claims Act that would permit an action to proceed against an employee of a government entity in the employee's individual capacity. See I.C.

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Indiana Law