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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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