USF Holland, Inc. v. Radogno, Cameli, and Hoag, P.C.

Court properly entered summary judgment for law firm in legal malpractice claim wherein client claimed negligence in attorney's recommendation to file forum non conveniens motion for transfer to Indiana where verdict potential was lower, and as a nonparty defense could be asserted there. Indiana courts have not addressed specific procedural scenario presented as to whether a defendant would be allowed to assert a nonparty defense in its first answer, even after expiration of Plaintiff's statute of limitations period. Summary judgment for law firm proper, as client could not establish causation, or breach of standard of care given plain language of Indiana law. Collateral source rule does not apply in legal malpractice actions, so that a legal malpractice plaintiff cannot use collateral source rule to recover as damages settleement funds paid on his behalf by a separate entity. (CONNORS and HARRIS, concurring.)