Opinion

Jason T. Myers v. Thomas D. Maxson Amy L. Hutchison Bruce W. Graham and Trueblood & Graham (In their Official and Individual Capacities) (mem. dec.)

  • 51 N.E.3d 1267
  • 2016 Ind. App. Unpub. LEXIS 398
  • 2016 Ind. App. LEXIS 456
  • 2016 WL 1212070
Court
Indiana Court of Appeals
Filed
Mar 29, 2016
Status
Published
Author
Kirsch
On the bench
Kirsch, Mathias, Brown
Cited by
22 cases

noting that allegations of constructive fraud and intentional infliction of emotional distress were substantively part of the legal malpractice claim

How later courts described this case

  • noting that allegations of constructive fraud and intentional infliction of emotional distress were substantively part of the legal malpractice claim
  • affirming grant of summary judgment in favor of public defender and arresting officer in suit brought by defendant where actions upon which suit was based were performed within context of counsel and officer’s employment and defendant failed to file tort claim notice within 180 days of date his claims accrued
  • applying a two-year limitations period to all claims because the allegations of constructive fraud were “substantively part of his legal malpractice claim”
  • for a legal malpractice claim to accrue in Indiana, “it is not necessary that the full extent of damage be known or even ascertainable, but only that some ascertainable damage has occurred”

Written by the judges who cited it.

The opinion

KIRSCH, J., and MATHIAS, J.,

concur.

Order

[1] Appellees, Bruce W. Graham and Trueblood and Graham, P.C., by counsel, filed a Motion to Publish Memorandum Decision.

[2] Having reviewed the matter, the Court finds and orders as follows:

1. The Appellees’ Motion to Publish Memorandum Decision is granted.

2. This Court’s opinion heretofore handed down in this cause on March 29, 2016, marked Memorandum Decision, is now ordered published.

3. The Clerk of this Court is directed to send copies of said opinion together with copies of this order to the West Publishing Company and to all other services to which published opinions are normally sent.

[3] Ordered.

[4] KIRSCH, MATHIAS, BROWN, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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