Harris v. O'Connor
Annotate this CaseAppellant retained Attorney to represent him in several actions, including an action to obtain disability benefits from the city of Omaha. Appellant’s application for benefits was denied. Before an appeal or request for a rehearing were filed, Appellant terminated his relationship with Attorney. Appellant then filed suit against Attorney for professional malpractice. The district court granted Attorney's motion for summary judgment, concluding that Appellant never directed Attorney to file an appeal and that Attorney had properly preserved the record such that an appeal would have been possible. The Supreme Court affirmed, holding (1) Appellant’s contention that Attorney failed to investigate and preserve the record for appellate purposes was without merit; (2) Appellant failed to produce evidence to show Attorney's actions in failing to file an appeal constituted neglect or that Appellant was harmed; and (3) the district court did not err in refusing to allow expert testimony on the issue of whether Attorney committed malpractice.
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