Justia Professional Malpractice & Ethics Opinion Summaries

Petitioners brought suit against Pro Electric Contractors for negligence in connection with Pro Electric’s work as a contractor on a government construction project. Pro Electric argued that the damage at issue occurred because of construction design decisions made by the Wisconsin Department of Transportation (DOT) and that Pro Electric was simply implementing DOT’s decisions. The district court granted summary judgment for Pro Electric. The court of appeals affirmed. The Supreme Court affirmed, holding that the undisputed facts do not support a reasonable inference that Pro Electric failed to comply with its duties in Wis. Stat. 182.0175(2)(am). View "Melchert v. Pro Electric Contractors" on Justia Law

After Plaintiff was terminated from his employment from Bath Iron Works (BIW), Plaintiff grieved the termination. The Local S7 Union Grievance Committee voted not to arbitrate the grievance. Thereafter, represented by Attorney John R. Lemieux, Plaintiff filed a complaint against the Union and BIW, alleging breach of the collective bargaining agreement and discrimination. The magistrate judge issued a recommended decision granting a summary judgment in favor of BIW and the Union. The superior court affirmed the magistrate judge’s recommended decision, and the court of appeals affirmed. Plaintiff then filed this action against Lemieux, alleging legal malpractice, breach of fiduciary duty, and negligent infliction of emotional distress. The superior court granted summary judgment in favor of Lemieux, concluding that Plaintiff failed to put forth prima facie evidence of causation. The Supreme Judicial Court affirmed, holding that summary judgment was proper because Plaintiff failed to put forth prima facie evidence of causation to support his claims. View "Brooks v. Lemieux" on Justia Law

Plaintiff-appellee J.B. was injured when certified registered nurse anesthetist (“CRNA”) Paul Serdula sexually assaulted her in a surgical suite in the dental practice of defendant-appellant Goldstein, Garber and Salama, LLC (GGS). Serdula was hired by GGS as an independent contractor through anesthesia staffing agency Certified Anesthesia Providers; in accordance with its standard practice, that agency conducted an independent credentialing process on Serdula prior to placing him in any medical or dental facilities. The Georgia Supreme Court granted certiorari to the Court of Appeals to determine whether the Court of Appeals erred in concluding that a reasonable jury could find that a third party’s sexual molestation of J.B. was an act foreseeable by GGS, whether the appellate court erred in affirming the trial court’s denial of GGS’s motion for a directed verdict on the issue of negligence per se, and whether GGS waived any objection to the jury verdict’s apportionment of fault. Finding that appellate court misinterpreted OCGA 43-11-21.1, GGS’s motion for a directed verdict should have been granted. View "Goldstein, Garber & Salama, LLC v. J.B." on Justia Law

Total Auctions and Real Estate, LLC (Total Auctions) was a licensed automobile dealer that intended to hold automobile auctions in Lincoln County. Total Auctions met with a dealer agent employed by the Division of Motor Vehicles (DMV) on how to comply with the applicable law. Total Auctions informed the agent that its business plan included the sale of vehicles consigned from dealers outside Lincoln County, the county of Total Auctions’ place of business. The agent failed to inform Total Auctions that state law prohibited auctioning vehicles consigned from dealers outside Lincoln County. After incurring expenses setting up its business, Total Auctions was informed that there was a problem with the out-of-county consignments. Total Auctions sued the DMV agent, the DMV, its director, and the Department of Revenue and Regulation, alleging negligence and negligent supervision. The court of appeals dismissed the complaint for failure to state a claim. The Supreme Court affirmed, holding that because Total Auctions’ claimed damages were caused by the agent’s alleged misrepresentation of law, relief was barred as to all claims because misrepresentations of law are not actionable. View "Total Auctions & Real Estate, LLC v. S.D. Department of Revenue & Regulation" on Justia Law

Plaintiffs Michael Rose and RC&D, Inc. filed suit against Defendants Stephen Brusini and the law firm Orson & Brusini Ltd. alleging professional negligence and breach of contract. The hearing justice granted summary judgment for Defendants, concluding that there was no evidence of proximate cause linking Defendants’ alleged negligence and any damages Plaintiffs may have suffered. The Supreme Court vacated the judgment of the superior court, holding that Rose submitted sufficient competent evidence to preclude the entry of summary judgment for defendants on a question of fact relating to Defendants’ liability. Remanded. View "Rose v. Brusini" on Justia Law

When Chelsea was five months old, she was dropped and suffered a skull fracture. As the fracture expanded, a cyst formed. The fracture and cyst were not a problem until, at age 17, she was hit in the head and suffered a loss of consciousness, blurred vision, and dizziness. After CT and MRI scans confirmed the extent of the fracture and the cyst, Chelsea underwent “cranioplasty” surgery. She was discharged after one day and was found dead in her bed three days later. A board‐certified forensic pathologist was unable to identify a cause of death and, based on the opinion of a neuropathologist, concluded that Chelsea had died from a seizure brought about by surgical damage. Neither doctor was aware of or had reviewed the pre‐surgery CT and MRI scans when they made their findings. Chelsea’s mother sued the hospital and doctors, arguing that anti-seizure medicine should have been prescribed. The defendants argued that no seizure had occurred and that a heart‐related ailment was the likely cause of death. A jury found in the defendants’ favor. The Seventh Circuit vacated, finding that one defense expert lacked the requisite qualifications to opine that a heart ailment was the likely cause of death and that there was a significant chance that the erroneous admission of the testimony affected the trial’s outcome. View "Hall v. Flannery" on Justia Law

Following the death of their father in an accident in which the van he was driving struck a retaining wall, Appellees retained a law firm and attorneys (collectively, Appellants) to pursue a wrongful death action against the company charged with maintaining the van. The circuit court dismissed the suit after the defendant successfully excluded two of the plaintiffs' expert witnesses. Two years later, Appellees filed a professional negligence action against Appellants. The trial court granted Appellants' motion for summary judgment, finding that Appellees were not in privity with Appellants and thus lacked standing to sue for professional negligence. The court of appeals reversed, concluding (1) there was a material factual issue in dispute as to whether Appellees were represented by Appellants or were led to believe they were being represented by them, and (2) even if there was no privity, the children were owed professional duties because they were the intended beneficiaries of the underlying wrongful death action. The Supreme Court affirmed, holding (1) there were issues of material fact regarding the attorney-client relationship; and (2) the attorneys owed duties to the children, who were real parties in interest to the wrongful death action.View "Pete v. Anderson" on Justia Law

In the underlying action, Plaintiff filed a personal injury action against Defendants, the State, and a volunteer driver for the Iowa Department of Human Services. The Supreme Court held that Defendants were entitled to summary judgment under the statute of limitations and the volunteer-immunity provisions of the Iowa Tort Claims Act. Plaintiff subsequently filed this malpractice action against her attorney (Attorney) in the underlying case. The jury returned a verdict finding Attorney was negligent and that his negligence caused damage to Plaintiff. The Supreme Court affirmed on appeal and reversed on cross-appeal, holding (1) the driver's volunteer immunity did not preclude the State's respondeat superior liability for Attorney's negligence, and therefore, Plaintiff's legal malpractice claim against Attorney did not fail because she could have recovered in the underlying case had the claim been timely filed; (2) Attorney could not reduce the malpractice-damage award by the contingent fee he would have taken if the underlying action had been successful because he did not earn the fee and because Plaintiff must pay new counsel who prosecuted the malpractice action; and (3) Plaintiff was entitled to interest running from the date by which her underlying action should have been tried, absent Attorney's negligence.View "Hook v. Trevino" on Justia Law

Defendants, an attorney and a law firm, structured a tax-deferred exchange for Plaintiffs, a husband and wife and the cattle ranch they owned. It was later determined that the exchange did not qualify for deferred tax treatment under 26 U.S.C. 1031, resulting in significant tax liability for Plaintiffs. Defendants filed an action against Defendants for professional negligence, breach of fiduciary duty, breach of contract, breach of the implied covenant of good faith and fair dealing, and misrepresentation. The district court granted summary judgment to Defendants on all claims on grounds that Plaintiffs' claims were time barred. The Supreme Court reversed, holding (1) Plaintiffs' tort claims were timely filed, and the issue of whether Plaintiffs' timely filed their misrepresentation claim was a question of material fact to be resolved by a jury; (2) Plaintiffs properly stated a claim for breach of contract and the claim was not time barred; and (3) the district court erred in granting Defendants a protection order to prevent discovery of alleged work product and attorney-client communications, as further analysis and fact finding were necessary to determine which documents were discoverable and which qualified for work product or attorney-client protection. Remanded.View "Draggin' Y Cattle Co., Inc. v. Addink" on Justia Law

Plaintiff Joe Encinias and his parents hired defendants Russell Whitener ad the Whitener Law Firm to represent plaintiff in a possible suit against the Robertson High School and the Las Vegas School District after he was badly beaten by a classmate at the school two years earlier. Plaintiff called the firm out of concern on the applicable statute of limitations on his case. In fact, the statute had run by that time. A Whitener attorney testified that he and his colleagues had been aware of the statute of limitations, but allowed it to run because they were concerned about the strength of plaintiff's case. In 2007, Whitener realized the case was barred; in early 2008, the firm decided not to pursue the suit. Whitener waited until the spring of 2008 to tell plaintiff and his family that it had missed the statute of limitations. Later that fall, plaintiff sued the firm for malpractice. The district court granted summary judgment in favor of the firm. Upon review, the Supreme Court concluded the trial court erred in its grant of summary judgment, finding genuine issues of fact remained with regard to plaintiff's case. View "Encinias v. Whitener Law Firm" on Justia Law