Hamilton v. Sommers
Annotate this CaseAppellant filed claims of legal malpractice and breach of fiduciary duty against his former attorneys (Appellees) based on an alleged conflict of interest relating to Appellees’ representation of his co-defendants in an underlying lawsuit. The circuit court granted summary judgment for Appellees and dismissed Appellant’s claims. The Supreme Court held that summary judgment was improper. Specifically, the Court held that the circuit court (1) erred in striking Appellant’s expert opinion; (2) did not err by finding collateral estoppel precluded litigation of the limited issue of whether Hamilton signed a conflict of interest waiver; and (3) improperly weighed evidence in granting summary judgment regarding proximate cause. Remanded.
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