Cert Petitions: November 18

Lalonde v. Taylor English Duma LLP et al

Lalonde is a malpractice action against the law firm of Taylor English Duma LLP. In essence, the claim alleged that one of the law firm's partners drafted a contract which permitted the majority owner of a company in which Lalonde owned a minority stake to unilaterally dissolve the company.

The trial court granted summary judgement to the defendants,  holding that Lalonde could not show that the law firm was the proximate cause of his injuries based on his decision to settle the underlying lawsuit.

The Court of Appeals affirmed, relying on case law holding that the settlement of a viable claim severs the causal chain because it is impossible for the claim to terminate in the client's favor. Lalonde argued to the Court of Appeals that this case law was inapplicable because it involved settlement of lawsuits in which the alleged malpractice took place, and asserted the malpractice had caused the litigation in the first place.

The Court asked the parties to address the following question:

In a legal malpractice action, to what extent does the plaintiff's settlement of the underlying or related litigation sever the causal link between the plaintiff's damages and the defendant's alleged negligence? 

The full Court of Appeals opinion is available here.


Denied

S19C0999. SHELNUTT et al. v. THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH et al. (A18A1667)
S19C1009. FORD MOTOR COMPANY v. HILL et al. (A19A1055)
S19C1013. MCCRARY v. GEORGIA EMPLOYEE RETIREMENT SYSTEM (A18A2015)
S19C1015. TRUAX et al. v. CITIMORTGAGE, INC. (A18A2158)
S19C1028. AARON v. UNITED HEALTH SERVICES OF GEORGIA, INC. et al. (A18A1926)
S19C1030. PATEL v. SOUTHBRIDGE GOLF, LLC et al. (A18A1652)
S19C1043. MARTIN v. THE STATE (A18A1627)
S19C1050. BROUGHTON v. BROUGHTON et al. (A18A1776)
S19C1066. COMMERCIAL INDUSTRIAL BUILDING OWNERS ALLIANCE, INC. et al. v. VILLA SONOMA AT PERIMETER SUMMIT CONDOMINIUM ASSOCIATION, INC. (A18A1760)
S19C1067. ETTRICK et al. v. SUNTRUST MORTGAGE, INC. (A18A1615)
S19C1071. ROWLAND v. THE STATE (A18A1562)
S19C1072. LOVE v. THE STATE (A18A1818)
S19C1081. DREISBACH v. BASKIN & BASKIN, P.C. (A18A1455)
S19C1092. STONE v. HOSPITAL AUTHORITY OF TIFT COUNTY (A18A2046)
S19C1100. WELLSTAR HEALTH SYSTEM, INC. et al. v. MOORE (A18A1810)
S19C1103. PHILLIPS v. THE STATE (A19A0045)
S19C1149. LEE v. THE STATE (A19A1402)
S19C1195. COBBLE v. FACHINI (A19D0367)
S19C1198. CASTLEBERRY v. REYNOLDS (A19D0397)
S20C0381. GEORGIA ANESTHESIOLOGISTS, P.C. et al. v. MOORE (A18A1810)