Tuesday, August 11, 2015

Motion asks judge to change mind about dismissal

Attorneys for a woman who sued Stanville attorney Eric C. Conn after her husband took his own life are asking a judge to reconsider his decision last week to dismiss a wrongful death lawsuit. Emma Burchett had sued Conn, claiming the attorney’s fraudulent representation led to the suicide. Her husband, Leroy Burchett, was one of 15 hundred former Conn clients who were notified in May that their disability benefits were in jeopardy due to suspicions of fraud. In her complaint, she alleges Conn’s conduct set in motion a series of events that resulted in her husband becoming distraught and ending his life. Last week, Floyd Circuit Judge Tom Smith dismissed the lawsuit, saying suicide “breaks the chain of causation.” On Friday, Burchett’s attorney, Ned Pillersdorf, filed a motion asking the judge to reconsider. Pillersdorf argues that a case pending for the Kentucky Supreme Court would clarify whether a wrongful death claim can be made after a suicide. The motion also says that Judge Smith’s dismissal did not address other claims in the lawsuit, including fraud and outrageous conduct.