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ARTICLE ID 194391

$________ JUDGMENT Professional Negligence – Legal Malpractice – Failure to comply with discovery requests and court order resulted in dismissal of Civil Rights litigation

Norfolk County, MA

In this legal malpractice matter, the plaintiff alleged that the defendant attorney was negligent in failing to provide court ordered information that resulted in the dismissal of the plaintiff’s lawsuit for damages. The defendant denied the allegations, and disputed the plaintiff’s damages.

The plaintiff hired the defendant attorney to file a civil rights lawsuit arising out of an incident in ________ whereby the officer was injured when a state trooper drove his cruiser at him, and then grabbed the officer by the arm and proceeded to drive a high rate of speed for approximately ________ feet before stopping. As a result of the incident, the officer suffered physical injuries to his arm and shoulder and sustained emotional damages related to his fear for his life while being held by the trooper and dragged alongside his police cruiser at a high rate of speed. The defendant filed a civil rights lawsuit in federal court on the plaintiff’s behalf. The defendant failed to provide written discovery and opposing counsel filed a motion to compel production, which the defendant failed to oppose. The defendant failed to comply with the court’s order to provide discovery, and the plaintiff’s case was dismissed. The plaintiff brought suit against the defendant attorney, alleging malpractice and violations of Massachusetts consumer protection statute.

The defendant denied the allegations and disputed the nature and extent of the plaintiff’s injuries and damages.

The matter proceeded to trial on the plaintiff’s claims.At the conclusion of the four-day trial, the jury returned its verdict in favor of the plaintiff and against the defendant attorney in the amount of $________. The court then decided the Chapter 93A violation and fixed damages at $________, which were then trebled in accordance with the statute for a total judgment of $________.

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