2011Dina M. Cox successfully defended a Law Firm in a legal malpractice action where Plaintiff claimed negligent representation by his defense lawyer in an underlying criminal case. Plaintiff alleged that that Law Firm was vicariously liable for the lawyer’s conduct. Plaintiff voluntarily dismissed the Law Firm in hopes of obtaining a better settlement with the underlying defense attorney, who was also named individually in the suit. When the mediation failed, Plaintiff sought to reinstate his claims against the Law Firm. Ms. Cox successfully argued that the statute of limitations for Plaintiff’s claims against the Law Firm had expired and therefore could not be reinstated. Ms. Cox also argued that the Journey’s Account Statute did not apply to save Plaintiff’s time-barred claim after voluntary dismissal, as asserted by the Plaintiff. The trial court agreed and denied Plaintiff’s motion to reinstate the Law Firm. Plaintiff petitioned the Indiana Court of Appeals for certification of the issue of whether the Journey’s Account Statute applied to save Plaintiff’s time-barred claim, but the Court of Appeals denied Plaintiff’s Motion for Certification. Undeterred, the Plaintiff re-filed the same claim against the Law Firm in another court. Ms. Cox argued collateral estoppel and obtained a dismissal of Plaintiff’s claims. On appeal, the Indiana Court of Appeals affirmed the dismissal of legal malpractice claim.
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