ILNews

Woman's claim fails under modified impact and bystander rules

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The woman who sued a northern Indiana lawyer and his law firm for not filing her lawsuit against a school district following the discovery that her grandson was sexually abused by a teacher’s assistant lost her appeal.

Dianne Perkins, who had legal custody of her teenaged, learning-disabled grandson, hired Jeffrey Stesiak of Pfeiffer Morgan & Stesiak to represent her and her grandson in all claims against the school district arising out of the sexual abuse. Perkins wanted Stesiak to also file a claim on her behalf for emotional distress. She terminated his representation three years after hiring him because he never filed a lawsuit against the school. With new legal counsel, she was able to settle her grandson’s claims against the school but the statute of limitations had run on her claim prior to her firing of Stesiak.

In 2010, she sued Stesiak and the firm for legal malpractice because he didn’t file the lawsuit on her behalf within the statute of limitations. The trial court granted summary judgment in favor of Stesiak.

In Dianne L. Perkins v. Jeffrey Stesiak, and Pfeifer, Morgan and Stesiak, No. 71A03-1111-PL-521, Perkins argued that she had a claim based on her own emotional distress relating to the sexual abuse of her grandson based on the bystander theory of recovery and Indiana’s modified impact rule. The Court of Appeals found her arguments under either rule failed.

The fact that Perkins experienced a number of physical confrontations with her grandson at home during the period of sexual abuse doesn’t establish the necessary direct physical impact required under the modified impact rule, wrote Judge Ezra Friedlander. The bystander rule applies when a close relative witnesses or comes upon the scene soon after the death or severe injury of a loved one. Perkins never came upon the scene during or in the immediate aftermath of the sexual abuse, and she learned of it months later.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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