Dickes v. Felger
2012 Ind. App. LEXIS 616
| Ind. Ct. App. | 2012Background
- Plaintiffs appeal the trial court’s grant of summary judgment for Attorneys on their attorney malpractice claim.
- Felger represented Fred Dickes in attempting to acquire fee simple title to an abandoned railroad right-of-way via a 1995 deed.
- The 1995 deed described the interurban right-of-way instead of the abandoned railroad right-of-way, creating ownership ambiguities.
- Fred Dickes died in 2000; ownership ultimately passed to Plaintiffs, who later discovered title issues.
- Plaintiffs filed suit on March 5, 2009, alleging Attorneys’ negligence caused damaged title.
- The trial court held the two-year statute of limitations, under Indiana law, barred the claim, applying the discovery rule to determine accrual.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the malpractice claim was barred by the statute of limitations | Dickes alleges discovery rule tolling applies | Kast argues accrual occurred by 2006, outside the two-year window | Yes; claim barred by statute of limitations |
Key Cases Cited
- Biomet Inc. v. Barnes & Thornburg, 791 N.E.2d 760 (Ind.Ct.App.2003) (discovery rule governs accrual in legal malpractice)
- Shideler v. Dwyer, 275 Ind. 270, 417 N.E.2d 281 (1981) (damages before ascertainment of injury not required for accrual)
- Doe v. United Methodist Church, 673 N.E.2d 839 (Ind.Ct.App.1996) (fraudulent concealment does not toll where plaintiff could discover through ordinary diligence)