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FOR PUBLICATION
ATTORNEY FOR APPELLANT SUZANNE EADS: R. CORDELL FUNK Funk & Foster Hammond, Indiana ATTORNEY FOR APPELLEE: SHARON L. STANZIONE Johnson & Bell, Ltd. Merrillville, Indiana

FILED
of the supreme court, court of appeals and tax court

Jul 23 2009, 9:20 am

IN THE COURT OF APPEALS OF INDIANA
SUZANNE EADS and JAMES ATTERHOLT, COMMISSIONER OF THE INDIANA DEPARTMENT OF INSURANCE,1 Appellants-Respondents, vs. COMMUNITY HOSPITAL, Appellee-Petitioner. ) ) ) ) ) ) ) ) ) ) )

CLERK

No. 45A03-0807-CV-350

APPEAL FROM THE LAKE CIRCUIT COURT The Honorable Lorenzo Arredondo, Judge The Honorable Richard F. McDevitt, Jr., Magistrate Cause No. 45C01-0802-CT-14

July 23, 2009 OPINION - FOR PUBLICATION BAKER, Chief Judge
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James Atterholt, Commissioner of the Indiana Department of Insurance, is not seeking relief on appeal and has not filed a brief as appellant. Pursuant to Indiana Appellate Rule 17(A), however, a party of record in the trial court is a party on appeal.

Appellant-respondent Suzanne Eads appeals the trial courts grant of summary judgment in favor of appellee-petitioner Community Hospital (the Hospital). Eads argues that the trial court erred by concluding that (1) the Journeys Account Statute2 did not apply to her case and (2) her medical malpractice claim was untimely filed. Finding no error, we affirm. FACTS On August 15, 2004, Eads was a patient at the Hospital, having received treatment for an ankle injury. As part of that treatment, Eadss ankle was placed in a cast.

Following her treatment, she requested a wheelchair to exit the Hospital, but Hospital personnel refused her request. Instead, a Hospital employee told her that "she could leave the [H]ospital on crutches." Appellants App. p. 9. As Eads was exiting the Hospital, she passed through the foyer area leading to the garage, where she fell. On August 8, 2006, Eads filed a complaint against the Hospital in Lake Superior Court (the Negligence Complaint). The Negligence Complaint sought damages for

injuries to Eadss back and left hand that she alleged she sustained as a result of the Hospitals negligent refusal to provide her with a wheelchair. The Negligence Complaint was filed within the applicable statute of limitations. On February 21, 2007, the Hospital filed a motion to dismiss the Negligence Complaint without prejudice, arguing that the Superior Court lacked jurisdiction because it was actually a medical malpractice claim that first had to be filed before the Indiana

2

Ind. Code

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