ILNews

Judge denies summary judgment in legal malpractice suit

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

ADVERTISEMENT