Michelle R. Skadburg v. Gary Gately and Whitfield and Eddy, PLC
Michelle R. Skadburg v. Gary Gately and Whitfield and Eddy, PLC
Opinion
A client appealed the district court's grant of summary judgment in favor of her attorney and the attorney's law firm in her legal negligence action. The client argued the court erred in finding the statute of limitations barred her action. She also contended the court erred in declining to apply the discovery rule, the continuous-representation rule, or the doctrine of fraudulent concealment.
We transferred the case to the court of appeals, which reversed the judgment of the district court. The attorney and his firm applied for further review, which we granted. On further review, we hold no genuine issue of material fact exists as to when the cause of action accrued and the statute of limitations bars the client's action because the cause of action accrued more than five years before she filed suit. We also hold the client may not use the discovery rule, the continuous-representation rule, or the doctrine of fraudulent concealment to circumvent the limitations period. Accordingly, we vacate the decision *790 of the court of appeals and affirm the judgment of the district court.
I. Background Facts and Proceedings.
Michelle Skadburg is the daughter and sole heir of Barbara Haffner, who passed away in August 2008. As the designated beneficiary of both Haffner's life insurance policy and 401k account, Skadburg received $20,000 and $87,054.65, respectively. The estate was insolvent because the debts exceeded the probate assets.
On November 6, the court appointed Skadburg as the administrator of Haffner's estate. Skadburg designated Gary Gately of Whitfield & Eddy, P.L.C. as the administrator's attorney. The next day, Skadburg signed the notice of appointment and notice to creditors. Upon Gately's advice, Skadburg alleges, she used the funds from Haffner's life insurance policy and 401k account to pay the debts of Haffner's estate. Skadburg further alleges Gately failed to advise her that these funds were exempt from any claims against the estate.
On August 18, 2010, the district court closed the estate and discharged the administrator. Gately forwarded this order to Skadburg in a letter dated August 31, informing her the court had closed the estate and had discharged her as the administrator.
On August 19, 2015, Skadburg filed suit against Gately and Whitfield & Eddy, alleging Gately was negligent in his representation of her in connection with the probate of the estate and asserting Whitfield & Eddy was vicariously liable for Gately's negligence. 1 Gately answered, denying all claims and asserting the affirmative defense of the statute of limitations.
On August 18, 2016, Gately filed a motion for summary judgment, arguing the statute of limitations barred Skadburg's action. Calculating the accrual date most favorably to Skadburg, Gately argued the latest date on which the cause of action accrued was August 18, 2010, and Skadburg filed suit on August 19, 2015, one day after the five-year limitations period. Skadburg resisted, arguing she submitted her petition at law on August 18, 2015, 2 and asserting Gately represented her as administrator of the estate until August 31, 2010, when he sent the letter informing her the court had closed the estate.
In her supplemental response to Gately's motion for summary judgment, Skadburg alleged Gately never advised her that her ability to pay debts was very limited until four months after the second publication of the estate notice. Rather, Gately allegedly told her to pay all the debts and keep the leftover money. Skadburg further alleged Gately never told her the proceeds from the life insurance policy and the 401k account were exempt from any claims against the estate and she could keep those funds.
At first glance, it appears Skadburg made two claims, but these claims make up her overall claim that Gately negligently gave her incorrect legal advice. "Our law does not allow the splitting of a cause of action, and any effort to do so to avoid the commencement of the statute of limitations would be inconsistent with the purpose of cutting off stale claims."
Rathje v. Mercy Hosp.
,
*791 Thus, we will treat her allegations as one legal negligence claim.
The court granted Gately's motion for summary judgment. First, based on emails sent by Skadburg to Gately, the court held under the discovery rule Skadburg had actual or imputed knowledge of her potential action no later than March 26, 2010. Thus, the limitations period began to run from that date. The court also found neither the continuous-representation rule nor the doctrine of fraudulent concealment applied. In sum, the court ruled the statute of limitations barred Skadburg's action. Skadburg filed a rule 1.904(2) motion for enlargement of findings, which the court denied.
Skadburg appealed. We transferred the case to the court of appeals. The court of appeals reversed the judgment of the district court and remanded the case for further proceedings. It held there was a genuine issue of material fact as to when Skadburg attained knowledge regarding her cause of action. Thus, a genuine issue of material fact exists as to when the statute of limitations commenced. Alternatively, the court of appeals applied the continuous-representation rule and held the statute of limitations did not begin to run until August 31, 2010, when Gately sent Skadburg the letter informing her the court had closed the estate and had discharged her as the administrator.
Gately applied for further review, which we granted. We lay out additional facts as necessary.
II. Issue.
The only issue we must decide is whether the statute of limitations precludes Skadburg's action.
III. Scope of Review.
We review the district court's grant or denial of a summary judgment motion for correction of errors of law.
Hook v. Lippolt
,
IV. Statute of Limitations.
Skadburg contends the district court erred in dismissing her legal negligence action based on the statute of limitations. Skadburg is not claiming a written contract existed between her and Gately. Therefore, the five-year limitations period in Iowa Code section 614.1(4) (2015) is applicable to her legal negligence claim.
See
Vossoughi v. Polaschek
,
Actions may be brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared:
....
4. Unwritten contracts - injuries to property - fraud - other actions . Those founded on ... all other actions not *792 otherwise provided for in this respect, within five years ....
Skadburg concedes Gately's negligence occurred from the time of her appointment as the administrator on November 6, 2008, through December of 2008. In her answers to interrogatories, Skadburg stated, "At the time the estate was opened, Mr. Gately told me to pay all bills and I could keep the remaining money." Skadburg further stated, "In December of 2008, he told me to pay the U.S. Bank credit card and that I could forward any other creditors to him[,]" and "I told him all other bills had been paid."
Skadburg also admits she filed her petition at law more than five years after the acts of negligence occurred. However, our inquiry does not focus on when Gately's negligence occurred. Rather, the question is when her cause of action accrued.
See
Vossoughi
,
Legal negligence means an attorney has failed "to use such skill, prudence[,] and diligence as lawyers of ordinary skill and capacity commonly possess and exercise in the performance of the tasks which they undertake."
Millwright v. Romer
,
(1) a duty arising from the established existence of an attorney-client relationship; (2) the attorney breached that duty; (3) the attorney's breach was the proximate cause of injury to the client; and (4) the client suffered actual damage, injury, or loss.
Barker v. Capotosto
,
No cause of action accrues until the attorney's act or omission, which constitutes the breach of duty, produces actual injury to the plaintiff's interest.
Vossoughi
,
In
Vossoughi
, the plaintiffs entered into three agreements in September 2006 for the sale of real and personal property.
*793
We found the plaintiffs suffered actual injury when the buyers stopped making payments in February 2008, not when the plaintiffs executed the faulty warranty deed.
Applying Vossoughi , we find Skadburg sustained actual, nonspeculative injury when she paid the creditors with the exempt funds on Gately's alleged advice in 2008. Therefore, her cause of action accrued in 2008 when she made those payments. Because Skadburg made these payments more than five years before she commenced this action on August 19, 2015, section 614.1(4) bars her action unless a legal doctrine tolls the limitations period or estops Gately from raising the statute of limitations as an affirmative defense.
V. Whether a Legal Doctrine Tolls the Five-Year Limitations Period or Estops Gately from Raising the Statute of Limitations as an Affirmative Defense.
Skadburg argues three exceptions to the strict commencement of the limitations period. These exceptions are the discovery rule, the continuous-representation rule, and the doctrine of fraudulent concealment. Although Gately has the burden of establishing the statute-of-limitations defense, Skadburg, as the party attempting to avoid the limitations period, has the burden of demonstrating any exception.
See
Neylan v. Moser
,
A. The Discovery Rule.
Generally, "a cause of action accrues when the aggrieved party has a right to institute and maintain a suit."
Chrischilles v. Griswold
,
We first addressed the discovery rule in
Chrischilles
,
*794
We elaborated on the meaning of knowledge in
Franzen
. In that case, we stated the limitations period does not commence until the plaintiff "has actual or imputed knowledge of all the elements of the action."
Specifically as to imputed knowledge, once a plaintiff learns information that would alert a reasonable person of the need to investigate, the plaintiff "is on inquiry notice of all facts that would have been disclosed by a reasonably diligent investigation."
K & W Elec., Inc.
,
Based on these principles, we held in
Franzen
the plaintiffs-a husband and wife-knew on the date of the accident all the necessary facts such that they had a duty to investigate the existence of a cause of action.
We have applied the discovery rule to legal negligence actions.
E.g.
,
Cameron v. Montgomery
,
In applying the discovery rule to the case at hand, we focus on three communications from Skadburg to Gately that are relevant to determining when Skadburg knew or should have known about her actual injury. In the January 30, 2009 email to Gately, Skadburg wrote,
I would like to think I would have done the right thing and paid off her debts even if I wasn't legally obligated to ....
I should have given you the entire list of debts and asked for more specific advice on what to do, but I took you at your word to pay the debts and did that. Anyway, it was her money and her debt and no use second guessing now as they have been paid and that is that.
*795 In the December 30 email to Gately, Skadburg wrote,
Paying off mom's debt with money that should not have been part of the estate was one of the issues that has arisen. Gary and I have talked through this and what is done is done, but please take these kinds of things into consideration when setting the fee.
In a March 26, 2010 note to Gately, Skadburg wrote, "One other question-is any of the money paid to other creditors refundable since those should not have been paid out of the estate assets?" These three communications show Skadburg was on inquiry notice as early as January 30, 2009. The latest date when she had actual or imputed knowledge of Gately's possible negligence was March 26, 2010.
Skadburg contends she did not actually know the critical elements of her claim-that Gately breached his duty and caused her damages-on those dates. However, even assuming Skadburg did not have actual knowledge of these elements, she was on inquiry notice because she knew a problem existed, i.e., possible defects with Gately's advice in which he told her to pay the debts with exempt funds at the time the court opened the estate.
Skadburg also argues she did not have imputed knowledge. She cites to
Ranney v. Parawax Co.
,
Ranney does not help Skadburg's contention. Again, on January 30, Skadburg was on inquiry notice regarding the possible connection between Gately's bad legal advice and her damages. Skadburg's argument that economic loss may occur at no fault of the attorney representing the administrator is irrelevant because she was on inquiry notice. The December 30 email-"[p]aying off mom's debt with money that should not have been part of the estate was one of the issues that has arisen"-certainly establishes actual knowledge on the part of Skadburg about Gately's negligence in advising her to pay the debts with funds from the life insurance policy and 401k account. The March 26 note-"since those should not have been paid out of the estate assets"-also affirmatively and explicitly establishes Skadburg had actual knowledge.
Viewing the record in the light most favorable to Skadburg, the latest date she had actual or imputed knowledge of the possible connection between Gately's advice and the damages caused by that advice, i.e., the payment of the estate's debts from exempt funds was March 26, 2010. Accordingly, we find there is no genuine issue of material fact that by March 26, 2010, Skadburg had the duty to investigate the possible connection between Gately's bad legal advice and her damages once she knew of such a possibility. At that time, the statute of limitations began to run under the discovery rule. She filed her action more than five years after March 26, 2010. Therefore, as a matter of law, we find the discovery rule does not prevent the statute of limitations from extinguishing her cause of action.
B. The Continuous-Representation Rule. Skadburg next contends she filed her petition at law within five years of *796 the end of Gately's representation. She argues Gately's representation ended on August 31, 2010, when Gately sent a letter informing her the court had closed the estate and had discharged her as the administrator. Gately argues his representation ended on August 18 because the court had closed the estate and had discharged the administrator on that date. To decide this appeal, we need not decide when the representation ended because we find as a matter of law the continuous-representation rule does not apply under these facts.
The continuous-representation rule embodies the idea that a client is entitled to rely on and have confidence in the skills and good faith of his or her attorney.
Cedar Rapids Lodge & Suites, LLC v. JFS Dev., Inc.
,
both the unfairness of requiring the injured client to challenge its professional advisor while remedial efforts are under way and the potential abuse where the negligent advisor attempts to avoid liability by diverting the client from bringing a legal action until the limitations period expires.
We have not addressed the continuous-representation rule. However, we have defined the analogous continuous-treatment rule in medical negligence actions.
E.g.
,
McClendon v. Beck
,
The continuous-representation rule, like the continuous-treatment rule, constitutes "a particularized application of the discovery rule."
See
id
. (quoting
Stanbury
,
[i]f an injured party is wholly unaware of the nature of his [or her] injury and the cause of it, it is difficult to see how he [or she] may be charged with a lack of diligence or sleeping on his [or her] rights.
We therefore decline to apply the continuous-representation rule to the case at hand because, as we have established earlier in our opinion, Skadburg had notice of Gately's negligence before the termination of their attorney-client relationship, whether that relationship ended on August 18 or August 31.
4
Cf.
Ratcliff
,
*797
We acknowledge Skadburg had a right to rely on Gately's skill and expertise. Moreover, Gately had a duty to give sound legal advice. However, well before Skadburg retained new counsel in 2014, she had actual or imputed knowledge of Gately's negligence.
Cf.
Dudden v. Goodman
,
Accordingly, because no genuine issue of material fact exists as to whether Skadburg had actual or imputed knowledge prior to the end of the attorney-client relationship, we hold the continuous-representation rule does not apply, and Skadburg cannot use this defense to toll the statute of limitations.
C. The Fraudulent-Concealment Doctrine.
Skadburg next contends Gately's failure to admit his fault constitutes fraudulent concealment. In
Christy v. Miulli
, we explicitly distinguished fraudulent concealment grounded in the doctrine of equitable estoppel from fraudulent concealment that blends the principles of equitable estoppel with the discovery rule.
We first explained the version of fraudulent concealment that rests on equitable estoppel.
We then described fraudulent concealment separately from its equitable estoppel roots and observed it "has evolved into a concept more akin to, yet ostensibly distinct from, the discovery rule."
[W]here the party against whom a cause of action existed in favor of another, by fraud or actual fraudulent concealment prevented such other from obtaining knowledge thereof, the statute would only commence to run from the time the right of action was discovered, or might, by the use of diligence, have been discovered.
We observed this version of fraudulent concealment embodied an "odd blending" of equitable estoppel and the discovery rule and that blending was probably because we adopted the doctrine of fraudulent concealment before we adopted the discovery rule.
After examining the two versions of fraudulent concealment, we held fraudulent concealment as a form of equitable estoppel was proper.
Christy
,
We now address whether fraudulent concealment estops Gately from asserting the statute of limitations as a bar to this action, not whether it tolls the limitations period. To establish whether fraudulent concealment estops a defendant from asserting the statute of limitations, the plaintiff must show by a clear and convincing preponderance of the evidence
(1) [t]he defendant has made a false representation or has concealed material facts; (2) the plaintiff lacks knowledge of the true facts; (3) the defendant intended the plaintiff to act upon such representations; and (4) the plaintiff did in fact rely upon such representations to his [or her] prejudice.
See
Ordinarily, the plaintiff must show the defendant engaged in some affirmative act to conceal the cause of action.
When a fiduciary relationship exists, mere silence supplies the affirmative-act requirement.
Pride
,
Despite a fiduciary relationship, the act of concealment must be independent of and subsequent to the original wrongdoing establishing liability.
Christy
,
We find that Gately's alleged fraudulent concealment is independent of and subsequent to his alleged negligence. This case is distinguishable from the facts of
Van Overbeke v. Youberg
,
Here, Gately's negligence was advising her to pay the debts with the respective life insurance policy and 401k funds even though the funds were exempt from claims against the estate and four months did not lapse from the date of the second publication. Gately's concealment constitutes his silence after Skadburg told him she had paid all the bills in December 2008 and after Skadburg sent the three communications from January 30, 2009 to March 26, 2010, allegedly blaming herself for her economic loss while thinking Gately did "the best" that he could for her. In other words, Skadburg's contention concerning fraudulent concealment is that Gately should have told her that he gave incorrect legal advice concerning the administration of the estate. Based on the legal principles we outlined above, we find a genuine issue of material fact exists as to element (1)-whether Gately made a false representation or concealed material facts from December 2008 to March 26, 2010.
See
Pride
,
Additionally, a genuine issue of material fact exists as to element (3)-whether Gately intended to mislead Skadburg. In
Hook
, a driver, who was providing volunteer transportation services for a client of the Iowa Department of Human Services (DHS), struck the plaintiff's vehicle.
Unlike in Hook , in which the driver was unaware that a claim under the state Tort Claims Act even existed, Gately was aware or at least should have been aware that Skadburg had a legal negligence action based on his incorrect legal advice and Skadburg's resulting injury. Notably, Gately, as a trained attorney, had superior knowledge of the law than Skadburg did. Yet Gately remained silent when Skadburg sent the communications allegedly blaming herself for her economic loss. We find a genuine issue of material fact exists as to element (3)-whether Gately intended Skadburg to act upon his silence.
*800 However, no genuine issue of material fact exists as to elements (2)-whether Skadburg lacks knowledge of the facts-and (4)-whether Skadburg relied on Gately's concealment to her prejudice.
Drawing all legitimate inferences in favor of Skadburg, we will assume Skadburg lacked any knowledge regarding the possible defects in Gately's advice from December 2008 to when she sent her first email to Gately on January 30, 2009. However, at the earliest, Skadburg had inquiry notice that a problem existed on January 30. At the latest, Skadburg gained actual or imputed knowledge that a problem existed on March 26. Even using the March 26 date to begin the statutory clock does not change the fate of this case because Skadburg cannot use fraudulent concealment to estop Gately from raising his statute-of-limitations defense. "A person cannot claim concealment, of course, if he [or she] has knowledge" because estoppel presumes a lack of knowledge on the part of the party seeking to apply the doctrine.
Dierking v. Bellas Hess Superstore, Inc.
,
Once Skadburg gained knowledge of Gately's incorrect legal advice, her reliance on Gately's alleged concealment became unreasonable.
See
Christy
,
We conclude as a matter of law Skadburg failed to prove by a clear and convincing preponderance of the evidence elements (2) and (4) of fraudulent concealment because Skadburg knew or was on inquiry notice about the deficiencies in Gately's advice at the time she sent her communications. Thus, her reliance upon the alleged concealment was unreasonable. Accordingly, no genuine issue of fact exists as to whether Gately fraudulently concealed Skadburg's cause of action for legal negligence, and Gately is entitled to judgment.
VI. Disposition.
Based on the foregoing reasons, we vacate the decision of the court of appeals and affirm the judgment of the district court.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED.
All justices concur except Hecht, J., who takes no part.
We will collectively refer to both Gately and Whitfield & Eddy as Gately.
The court filed the petition at law on August 19. We go by the filing date.
See
Iowa R. Elec. P. 16.306(2);
Concerned Citizens of Se. Polk Sch. Dist. v. City Dev. Bd.
,
We realize the language in Chrischilles is unclear. We clarify that the cause of action accrues when the injury occurs. The discovery rule does not reset or shift the accrual date but merely tolls the statute of limitations.
In
Stanbury
, the Tennessee Supreme Court stated the judicial and legislative adoption of the discovery rule in Tennessee abrogated the common law continuous-treatment rule.
Reference
- Full Case Name
- Michelle R. SKADBURG, Appellant, v. Gary GATELY and Whitfield & Eddy, P.L.C., Appellees.
- Cited By
- 26 cases
- Status
- Published