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.