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Judges rule on legal malpractice action

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The Indiana Court of Appeals concluded that a man has standing to pursue his legal malpractice action, although issues of material fact preclude him from summary judgment as to the attorney’s liability for malpractice.

In Charles Price v. Delmar Kuchaes, No. 45A04-1007-CT-467, attorney Delmar Kuchaes claimed his former client Charles Price didn’t have standing to sue him for legal malpractice stemming from his representation in the Prices’ suit after Charles’ wife contracted polio after being exposed to someone recently vaccinated.

After Price lost his claim for loss of consortium due to failure to comply with notice requirements under Indiana law, Price filed a legal malpractice action against Kuchaes. The Prices then filed Chapter 13 bankruptcy in 2007, but didn’t inform the bankruptcy court of this malpractice suit until they filed an amended petition in 2009. The bankruptcy case was later dismissed.

At a hearing, the trial court granted partial summary judgment in favor of Price as to Kuchaes’ liability for malpractice, but denied summary judgment on the amount of damages. It held Cathy Price’s injury was battery under Indiana law and Kuchaes failed to act as a reasonably prudent lawyer, and that failure was the proximate cause of damages incurred by Price. The trial court later granted Kuchaes’ dispositive motion for summary judgment. Both sides appealed.

Kuchaes argued Price doesn’t have standing to maintain the legal malpractice action because when he filed for bankruptcy, the trustee became the one to pursue the claim. The judges found that when the bankruptcy was dismissed in July 2009, that returned ownership of the action to Price, so he has standing to pursue his legal malpractice action.

Although the judges found it troubling that Price didn’t disclose his malpractice action initially in his bankruptcy filing, they concluded as a matter of law that the malpractice action isn’t barred by judicial estoppel as Kuchaes argued. They reversed summary judgment to Kuchaes and remanded for further proceedings on this issue.

The judges also concluded that the trial court erred in granting summary judgment to Price as to Kuchaes’ liability for malpractice. Price didn’t show that if Kuchaes had properly pursued the loss of consortium claim against the vaccine manufacturers he would have prevailed. There are also issues of material fact as to whether Price’s loss of consortium claims against the vaccine manufacturers and medical defendants would have been successful had Kuchaes properly pursued them.

The appellate court affirmed the denial of summary judgment for Price as to damages, and remanded for further proceedings.

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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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