The Indiana Supreme Court decided not to add any cases to their docket last week. The justices declined transfer to seven cases, including a lawsuit filed by a grandmother against her former attorney because he didn’t sue her grandson’s school.
Diane Perkins sued Jeffrey Stesiak and his law firm for legal malpractice because he did not file a claim on her behalf against her grandson’s school district after learning the boy had been sexually abused by a teacher’s assistant. She argued that she had a claim for emotional distress based on the bystander theory of recovery and the modified impact rule. The Court of Appeals affirmed summary judgment for Stesiak in Dianne L. Perkins v. Jeffrey Stesiak, and Pfeifer, Morgan and Stesiak, 71A03-1111-PL-521.
The justices also declined to take Walter B. Duncan v. The Greater Brownsburg Chamber of Commerce, Inc., 32A01-1109-CC-429, in which the Court of Appeals ruled in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to former executive director Walter Duncan.
In that appellate decision, the judges adopted the rule that damages for breach of a notice requirement are limited to the compensation for the notice period.
A complete list of the denied cases is available on the court’s website.