Pretzel & Stouffer

Motion for Summary Judgment in a Legal Malpractice Matter Won

Pretzel & Stouffer Partner Brian C. Rocca, assisted by Michael A. Barry, recently won a motion for summary judgment in a legal malpractice matter. The suit, stemming from a divorce action, sought damages for the attorney’s failure to preserve two issues for appeal. At the outset of the case and prior to any discovery being taken, Brian and Mike filed their motion arguing that summary judgment was proper as the plaintiff, as a matter of law, could not establish that the alleged breaches of the defendant attorney caused the plaintiff any injury. Brian and Mike successfully argued to the trial court that had the two issues been preserved for appeal the appellate court would not have reversed the decisions of the trial court in the divorce action.

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