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Munoz v. Woroszylo

Court of Appeals of Indiana

April 13, 2015

Israel Munoz, Appellant-Defendant,
v.
Jerome Woroszylo, Appellee-Plaintiff

As Corrected April 22, 2015.

Page 165

Appeal from the Tippecanoe County Superior Court. The Honorable Thomas H. Busch, Judge. Cause No. 79D02-1406-CT-13.

ATTORNEYS FOR APPELLANT: W. Brent Threlkeld, Paul A. Jansen, Threlkeld & Associates, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: John P. Schafer, Michael J. Stapleton, Ball Eggleston PC, Lafayette, Indiana.

Bailey, Judge. Riley, J., and Barnes, J., concur.

OPINION

Page 166

Bailey, Judge.

Case Summary

¶1 After a car accident, Israel Munoz (" Munoz" ), an Indiana resident, was sued by Jerome Woroszylo (" Woroszylo" ), an Illinois resident, in a federal court in Illinois. Woroszylo filed his case in the federal court shortly before the limitations period for a suit expired. Concluding that it lacked personal jurisdiction over Munoz, the federal court in Illinois dismissed Woroszylo's action.

¶2 Woroszylo subsequently filed suit in Tippecanoe County, relying upon the Journey's Account Statute[1] to preserve his action. Munoz moved to dismiss, contending that the statute did not operate to preserve Woroszylo's claim. The trial court denied Munoz's motion to dismiss. Munoz sought leave to pursue a discretionary interlocutory appeal of the trial court's order; we granted Munoz's motion.

¶3 We affirm.

Facts and Procedural History

¶4 Our statement of the facts in this case follows the standard of review for appeals from a motion to dismiss; we accordingly take as true uncontroverted facts as alleged in the complaint.

¶5 On November 29, 2011, Munoz, a resident of Lafayette, and Woroszylo, a resident of Chicago, Illinois, were involved in a car accident in Clinton County, Indiana. Woroszylo was injured.

¶6 On November 11, 2013, Woroszylo filed a complaint for damages against Munoz in the U.S. District Court for the Northern District of Illinois. Munoz filed a motion to dismiss the case.

¶7 On April 4, 2014, the federal court granted Munoz's motion, observing that Woroszylo conceded that the U.S. District Court for the Northern District of Illinois lacked personal jurisdiction over Munoz. Rather than order Woroszylo's action transferred to the U.S. District Court for the Northern District of Indiana, which had personal jurisdiction over Munoz, the federal court instead dismissed Woroszylo's action.

¶8 After this, on April 15, 2014, Woroszylo filed a complaint in Tippecanoe County, alleging that Munoz was negligent and that this negligence caused ...


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