DeLauter v. Seneca Ins. Co., Inc.Annotate this Case
Jeffrey Irene was injured after being struck by a vehicle driven by Douglas Downs. Downs had been arrested for driving while under the influence of alcohol two hours before the incident, but Eric Overlie, a licensed bail bondsman and an agent of Lederman bonding company, posted bail to procure Downs’ release from custody. Seneca Insurance Company guaranteed the bond. Irene and the conservator of Irene’s minor children filed a negligence action against Overlie, Lederman, and Seneca. The district court granted Defendants’ motions to dismiss, concluding that the suit had not been filed within the two-year statute of limitations that governs causes of action arising from the rendering of licensed or professional services. The Supreme Court reversed, holding that the facts in the complaint did not establish that Overlie was rendering licensed or professional services when he released Downs from his custody.