An Ohio appeals court dismisses an estate's legal malpractice action against an attorney who missed a filing deadline on a dispositive motion, concluding that the estate failed to establish that the attorney's misconduct was the proximate cause of the court granting the motion. Estate of Hards v. Walton (Ohio App., 8th Dist., No. 93185, August 5, 2010). Unpublished opinion.
Bertina Hards' guardian, Jacqueline Adams, retained attorney Michael Shore to represent Ms. Hards' estate in an action against an investment bank. A dispute arose between the estate and Mr. Shore over his fees, a dispute that was ultimately resolved by the probate court. Ms. Hards died shortly after the probate court issued its decision.
Ms. Hards' estate then sued Mr. Shore for abuse of process. Mr. Shore filed a motion for judgment on the pleadings and the estate retained attorney Gerald Walton to prosecute the action. Due to a family emergency, Mr. Walton missed the deadline to file an opposition to the motion. The probate court granted the motion, finding that it was unopposed and well taken, and dismissed the action with prejudice.
The estate then sued attorney Walton for legal malpractice, asserting that his failure to file a timely response to Mr. Shore's motion for judgment on the pleadings fell short of the required standard of care for attorneys. The estate and Mr. Walton filed dueling motions for summary judgment. The trial court granted Mr. Walton's motion, concluding that the estate had failed to present genuine issues of material fact regarding the proper standard of care. The estate appealed.
The Court of Appeals of Ohio affirms the trial court's decision. The court concludes that despite Mr. Walton's clear breach of the applicable standard of care, summary judgment was nevertheless appropriate because the estate had failed to offer evidence establishing that Mr. Walton's breach was the proximate cause of the trial court granting Mr. Shore's motion for judgment on the pleadings.
To download the full text of this decision in PDF format, go to: https://www.supremecourt.ohio.gov/rod/docs/pdf/8/2010/2010-ohio-3596.pdf.
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