(Indianapolis, Indiana) – Massillamany Jeter & Carson LLP partner Chris Jeter obtained a reversal of a summary judgment issued by the Hamilton Superior Court at the Indiana Court of Appeals on November 1, 2018. The opinion, which was handed down by First District Presiding Judge John G. Baker, held that contested issues of fact rendered summary judgment improper, and that only a jury could resolve the factual discrepancies in the case.
The dispute involved a legal malpractice claim in which a used car dealership hired an attorney who was affiliated with a law firm and performed his legal duties negligently. The primary issue in the case involves whether the law firm was legally responsible for the acts of the attorney. The law firm had argued that the facts supported summary judgment because the testimony of the law firm’s partners proved that the lawyer’s affiliation was limited. The Court of Appeals cited several circumstantial and/or disputed facts, such as sharing of office space, clients, and letterhead, which could lead a jury to disagree and find that the law firm has cloaked the attorney with the authority of the law firm. The case was remanded back to the trial court for further judicial proceedings.
Massillamany, Jeter & Carson, LLP is a full-service law firm based in Hamilton County but serving the entire State of Indiana. The firm focuses its practice in the areas of personal injury, criminal defense, corporate law, civil litigation, family law, estate planning and administration, appeals and government services. The Firm has offices in Fishers, Carmel, Noblesville, Plainfield, Greenwood, and Lawrence.
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