Keystone Distribution Park v. Kennerk, Dumas, Burke, Backs, Long, & Salin

I respectfully dissent on the basis of the two following theories.

First, I believe the majority has clearly erred in its analysis of the claim based on breach of contract. The Supreme Court’s opinion in Shideler v. Dwyer, (1981) Ind., 417 N.E.2d 281, does not address the contractual relationship between an attorney and his client. Rather, the court determined the substance of the plaintiff’s complaint sounded in attorney malpractice, which thereby negated its form as a breach of contract action. Such is not the case here.

In the instant action, Keystone (the plaintiff) clearly alleged Salin…