Benvenutti v. McAdams
Annotate this CaseThe conservators of Soon San Pak's estate filed suit against their two attorneys, Harrison County, the Harrison County Chancery Clerk, John McAdams, and the guardian ad litem appointed for Mrs. Pak, after the previously appointed conservator, Woodrow W. Pringle III, embezzled money from the estate. The claims were dismissed when the circuit court found that the applicable statutes of limitation had lapsed. The conservators appealed. McAdams cross-appealed, asserting that the trial court improperly held that the conservators asserted a Section 1983 claim by implication against him and that Pringle was a state actor for whom McAdams and Harrison County could be vicariously liable. In affirming the circuit court, the Supreme Court concluded that the Conservators should have discovered, by reasonable diligence, that Pringle was misappropriating funds from the estate no later than January 24, 2008, when the coconservators (using due diligence) would have received an accounting and bank statements regarding Pak's estate, and would have “by reasonable diligence. . . discovered the injury.” The statute of limitations issue was not a question of fact for the jury because reasonable minds could not differ as to when the Conservators knew or should have known of Pringle's failure to file an accounting and, thus, Harrison County's and McAdams's failure in requiring an accounting to be filed. Based on the circuit court record, the trial court properly held that the Conservators' claims were barred by the applicable statutes of limitation.
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