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Attorney didn't commit conversion, malpractice

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The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County against an Illinois attorney following the settlement of a wrongful death claim in Illinois.

In Jerry Storey v. Theodore S. Leonas Jr. and Leonas & Associates, Ltd., No. 46A03-0806-CV-300, Jerry Storey brought the legal malpractice and conversion claims against attorney Theodore Leonas, alleging he breached his fiduciary duty to Storey. Storey's adult daughter, an Illinois resident, had been killed in a car accident in Michigan City, Ind. Storey's ex-wife, Delia Blair, hired Leonas to file a wrongful death action in Illinois, which doesn't have statutory cap on wrongful death damages.

Before determining whether Indiana or Illinois law applied, Blair settled and received $650,000. She told Leonas to distribute $144,000 to Storey, but Storey declined and attached metaphorical strings to the acceptance of the funds. As a result of the denial of settlement money, Blair told Leonas not to offer Storey any money.

Storey filed his lawsuit in Indiana in 2002, but waited until only a few weeks before the trial in 2005 to file a motion to determine applicable state law. The trial court denied the motion, finding he didn't give reasonable notice to the parties. The trial court also granted Leonas' motion in limine to bar Storey from presenting evidence that Blair's wrongful death action in Illinois could have resulted in more money than she would have received in Indiana and his motion to bar Storey's legal experts from testifying.

The Court of Appeals affirmed the finding Storey failed to provide "reasonable notice" of his intent to request the application of Illinois law. He waited more than 2 ½ years before raising the law issue, wrote Chief Judge John Baker. When he did raise it, the complaint only mentioned the underlying wrongful death action was filed in Illinois and that Leonas was questioned about Illinois law in his deposition, which is insufficient for his motion to succeed. However, the appellate court found the trial court erred by preventing Storey from introducing evidence of the wrongful death statutory scheme in Illinois because "to pretend that this settlement occurred with everyone knowing with certainty that Indiana law would apply is to ignore the facts, which we cannot countenance and which the choice of law decision does not require," he wrote.

The trial court didn't abuse its discretion in barring Storey's experts from testifying because he waited until discovery was just closing to supply Leonas with a witness list that failed to provide the experts' reports or summaries of their opinions. Because Storey's experts were barred, he couldn't meet his burden of proving legal malpractice, and the claim was properly dismissed, wrote the chief judge.

The trial court also properly dismissed his conversion claim because Leonas was acting on behalf of Blair when he was directed to deny any further disbursement after Storey refused the money. Even if Storey was owed the money from the settlement, at most, Blair's refusal to give him money would be wrongful withholding of funds and failure to pay a debt, which isn't conversion as a matter of law, wrote Chief Judge Baker.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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