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Judge denies summary judgment in legal malpractice suit

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A federal judge denied summary judgment for an attorney and his law firm on legal malpractice and other claims, ruling the defendants failed to present a coherent argument to support summary judgment.

Elizabeth Stefan, a resident of Hungary, was a passenger in a car driven by Lajos Vesgo when it was in an accident. She became a quadriplegic as a result of the crash. At some point she hired Jeffrey J. Stesiak of Sweeney Pfeifer Morgan and Stesiak in South Bend to recover money for her injuries. Stefan was trying to recover from Vesgo’s insurance policies.

Stesiak filed a suit on Stefan’s behalf against Vesgo in April 2000 to try to recover under an Auto Owners policy. This case concluded May 21, 2003, when the court accepted the parties’ stipulation of dismissal with prejudice. Stesiak claimed he learned the policy had an exclusion that made Stefan’s lawsuit meritless and he discussed this with Zoltan Hankovszky, a New York attorney who agreed to help Stefan communicate with Stesiak while she was living in Hungary. It’s unknown if or when Stefan learned of the dismissal. She claimed to not have known until 2008.

The record also showed that Stefan had various other individuals communicate with Stesiak over the years, including an attorney named E. Spence Walton, who was asked to contact Stesiak by an attorney in Tucson. Stesiak wrote to Walton Nov. 9, 2003, explaining that once he realized there was no coverage for Stefan’s claim, he dismissed the lawsuit. Walton claimed to have sent the information along, but the record isn’t clear to whom he sent it.

In October 2008, Stefan sued Stesiak and his firm, alleging legal malpractice, breach of contract based on a covenant not to sue or execute, fraud, and breach of fiduciary duty. Stefan argued Stesiak erred in failing to properly pursue recovery under the Auto Owners policy.

Both parties moved for summary judgment and U.S. District Senior Judge James T. Moody denied both motions in Elizabeth Stefan aka Stefan Gyorgne v. Jeffrey J. Stesiak, Esq. and Sweeny Pfeifer Morgan & Stesiak, No. 3:08-CV-471.

“…defendants have not shown that there are no genuine issues of material fact relevant to what date plaintiff’s claims accrued,” he wrote. “Instead, defendants have merely confused the facts and have failed to present a coherent argument justifying summary judgment.”

Stesiak moved for summary judgment claiming that the complaint was filed after the statute of limitations. He repeatedly claimed that Stefan’s lawsuit against Vesgo was dismissed Nov. 9, 2003, but the dismissal order is dated May 21, 2003. The Nov. 9 date is the date Stesiak allegedly responded by letter to Walton about the status of the case. But Stesiak doesn’t even argue that’s the date Stefan should be charged with knowing of the lawsuit’s dismissal. He also made other confusing or factually unsupported assertions in his motion, noted the judge.

Stefan also “muddled the water” in this litigation because although she claims to be the one entitled to summary judgment she never meaningfully developed this argument.

“As this order reveals, there are ample issues of material fact that have yet to be resolved,” wrote Judge Moody.
 

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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!!!

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