(DOWNLOAD) "Steven L. Espinoza v. John Wm. Thomas" by En Banc Supreme Court of Minnesota # eBook PDF Kindle ePub Free
eBook details
- Title: Steven L. Espinoza v. John Wm. Thomas
- Author : En Banc Supreme Court of Minnesota
- Release Date : January 06, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Plaintiff appeals as of right from the trial courts grant of defendants motion for summary Disposition pursuant to MCR 2.116(C)(8), failure to state a claim upon which relief can be granted. The trial court ruled that plaintiff had failed to state a claim of legal malpractice against defendants because plaintiff could not show any damages resulting from defendants conduct for which plaintiff had not already been compensated. The trial court reasoned that because plaintiff had accepted a mediation award in the underlying litigation, which was based on claims for the same damages plaintiff would have sought under an assault and battery theory if defendants had commenced that action before the period of limitation for assault and battery had expired, plaintiff had been fully compensated and had suffered no damages through defendants malpractice. We reverse.