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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.