James E. Burks v. C. H. Rushmore

In this defamation action, defendant C. H. Rushmore obtained a summary judgment based upon the expiration of the applicable statute of limitations. The Court of Appeals reversed, applying a discovery rule "in situations in which the defamation is published in a manner in which it is likely to be concealed from its plaintiff." Burks v. Rushmore (1986), Ind.App., 499 N.E.2d 762, 764. Rushmore seeks transfer, alleging conflict between the opinion of the Court of Appeals in this case and its prior opinions in Chacharis v. Fadell (1982), Ind.App., 438 N.E.2d 1032, and Kaletha v. Bortz Elevator Co., Inc. (1978), 178 Ind. App. 654, 383 N.E.2d 1071. Transfer is granted to address this issue.