ILNews

Judges rule on legal malpractice action

Back to TopCommentsE-mailPrintBookmark and Share

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.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT