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ARTICLE ID 15296

$________ - LEGAL MALPRACTICE - PLAINTIFF CLIENT LOSES PROSPECTIVE BUYER DUE TO DEFENDANT ATTORNEY'S NEGLIGENT FAILURE TO PROPERLY CLEAR TITLE - PLAINTIFF ADDITIONALLY ASSERTS MALICIOUS PROSECUTION CLAIM BASED UPON PRIOR SUIT AGAINST PLAINTIFF FOR FEES ALLEGEDLY OWED.

Penobscot County, Maine

In this legal malpractice action, the plaintiff client contended that due to the negligent failure of the defendant attorney to properly clear title on property she intended to sell, she lost her prospective buyer. The plaintiff presented the lawyer for the prospective buyer who testified that the defendant attorney failed to properly prepare the title abstract and that a cloud of title remained over the property. The attorney for the prospective buyer testified that because of the problems with the title, he specifically advised his client not to purchase the property. The defendant denied that the plaintiff was damaged as a result of the alleged malpractice and asserted that the plaintiff could simply have sold the property to another buyer once the title problem was rectified. The plaintiff further asserted a malicious prosecution claim against the defendant based upon a prior lawsuit instituted by the defendant against the plaintiff for fees allegedly owed for the title work allegedly performed by him. The defendant maintained that he was within his rights to sue the plaintiff for money which she owed him for the work performed. The jury returned a verdict in favor of the plaintiff for $________, including $________ on the malpractice claim, $________ on the malicious prosecution claim and $________ in punitive damages. The Trial Court remitted the verdict to $________. Plt.: Sawyer. Case no. CV 84/________; Judge Brown, 3-89.

Attorney for plaintiff: Leonard Sharon of Lewiston, Maine; Attorney for defendant: Charles Hodsdon from Bangor.

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