Manley v. ShererAnnotate this Case
Mary Manley was involved in a head-on automobile collision with Kimberly Zehr. Manley later learned that Zehr had several medical conditions that, combined with medications she had been prescribed by her physician. Dr. Ryan Sherer, may have contributed to the accident. Manley and her husband (Plaintiffs) later filed a proposed complaint with the Indiana Department of Insurance against Dr. Sherer and his medical group (Defendants) alleging medical negligence in failing to warn Zehr not to drive while she was taking her medication. The trial court granted summary judgment in favor of Defendants, concluding that Plaintiffs' action was untimely brought under the two-year limitation period set forth in the Indiana Medical Malpractice Act. The Supreme Court reversed, holding (1) it was indiscernible whether Plaintiffs could have pursued their malpractice claim within the two-year statutory limit, or if not, whether they acted within a reasonable time as required by caselaw; and (2) genuine issues of material fact existed as to the absence of the element of causation necessary to establish liability. Remanded.