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Judges rule legal malpractice claim untimely

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A family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of limitations.

Ronald Felger served as Fred Dickes’ attorney. In 1995, Felger negotiated with the railroad company in order to get a quitclaim deed to transfer ownership of an abandoned railroad right-of-way on Dickes’ property. But the legal description in the deed actually was the legal description for the interurban right-of-way on Dickes’ property, which he already owned.

Dickes died in 2000, and his family discovered through another attorney in 2006 that they didn’t own the abandoned railroad right-of-way and sued Felger and the firm Shambaugh Kast Beck & Williams LLP in 2009 for legal malpractice. Allen Superior Judge Nancy Eshcoff Boyer granted summary judgment to Felger and the firm, citing the two-year-statute of limitations.

Legal malpractice actions are subject to the discovery rule, so the statute of limitations doesn’t begin to run until the time the plaintiffs could have discovered they had been injured by Felger’s actions. Because the family filed their suit on March 5, 2009, if their action happened before March 5, 2007, the statute of limitations would bar their claim.

The designated evidence shows the family should have known no later than June 2006 that they did not own the right-of-way based on property tax issues, a letter Felger sent to the family in February 2006, and correspondence with their attorney Terry Cornelius, who discovered that a title search didn’t reveal any deed transfer to Dickes.

“Plaintiffs were aware that, despite the 1995 negotiations with the railroad and the deed, they in fact did not own the abandoned railroad right-of-way. Further, they were clearly aware that they had been damaged, as the right-of-way was interfering with their proposed development of the property. Although Plaintiffs were not able to definitively point to the wrong legal description on the deed as Attorneys’ exact error until the summer of 2007, they were aware of the issues with Attorneys’ work long before that time,” Judge Michael Barnes wrote in Byram E. Dickes, Ruth E. Logar, et al. v. Ronald D. Felger, and Shambaugh, Kast, Beck & Williams, LLP, 02A03-1206-PL-302.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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