The Indiana Court of Appeals will hear oral argument in Tim Sinks v. Krista L. Caughey on Monday, April 21st at 3:00 p.m. CT at Valparaiso University School of Law in Valparaiso.  A panel of Judge John T. Sharpnack, Judge Nancy H. Vaidik, and Judge Michael P. Barnes will hear the case on appeal from Marion Superior Court.

The case stems from a 2002 automobile accident in which Ms. Caughey was rear-ended by a pickup truck.  The same insurance company insured both vehicles, and Ms. Caughey relied on information provided by the insurance company for the identity of the other driver when she filed her initial complaint. She later learned the initial information provided was incorrect, and Mr. Sinks was actually driving.  She then filed a motion to amend her complaint.  Mr. Sinks objected and filed a motion to dismiss Ms. Caughey’s complaint on the grounds that her amended complaint was filed after the statute of limitations had run out, and she was therefore time barred from adding him as a defendant.  The trial court denied Mr. Sinks’ motion to dismiss and allowed Ms. Caughey to amend her complaint.  The Court of Appeals will determine whether the trial court erred in denying Mr. Sinks’ motion to dismiss.  Arguing for the appellant, Mr. Sinks, will be W. Brent Threlkeld or Breanne J. Strubinger of Threlkeld Reynolds LLP in Indianapolis.  Kelli J. Young of Indianapolis will argue for Ms. Caughey.

The Court of Appeals is hearing this case at Valparaiso University School of Law, its sixth visit there in seven years, as part of its traveling oral arguments program enabling Hoosiers to learn about the judicial branch.  Law students and other members of the audience may ask questions about the judicial process in Indiana following the submission of the case.  The Court has heard more than 200 oral arguments “on the road” at law schools, colleges, high schools and county courthouses throughout Indiana since its centennial in 2000-2001.  This case will also be the final oral argument for Judge John T. Sharpnack, who graduates to senior status on May 2nd after more than 17 years of service on the Court of Appeals.

The Indiana Court of Appeals is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.