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ARTICLE ID 20696
Legal malpractice - Alleged negligent failure of attorney in underlying red light/green light intersection collision case to adequately detail position regarding times and distances from traffic light - Plaintiff found 50% comparatively negligent in the prior trial of underlying action allegedly as a result of negligence - Liability only.
Essex County
This was a legal malpractice action involving an underlying
plaintiff who was found 50% comparatively negligent in the prior
red light/green light intersection collision jury trial. The
plaintiff contended that although she had indicated in discovery
that when she first saw the red light, she was approximately ________
feet away, but she observed that the green turn arrow light
preceding the solid green light had activated when she was
approximately ________ feet away and that she was practically stopped
at approximately ________ feet away when the light turned fully green.
The plaintiff contended that the defendant attorney did not
discuss the distance from the intersection when the turn arrow
light changed green and that as a result, the underlying defense
counsel was able to utilize this omission to perform mathematical
calculations to reflect that based upon speed and distance, the
plaintiff would have proceeded through a red light.
The plaintiff contended that her attorney, the defendant in this
case, had incorrectly placed her twice as far from the
intersection when the light turned to a full green, contrary to
her deposition testimony and interrogatory answers. There was no
eyewitness testimony as to the happening of the accident in the
underlying trial and the plaintiff contended that a particularly
complete explanation of her description was, therefore,
especially necessary. The plaintiff argued that if the defendant
attorney had fully explained her description to the jury, they
probably would have assessed a lower percentage of comparative
negligence.
The defendant contended that the case was properly presented and
denied that there was any evidence from which a jury in this
malpractice action should find that any different presentation in
the underlying action would have impacted on that jury. The
defendant attorney maintained that he had made a conscious
decision not to elicit the ________ foot testimony from his client.
The plaintiff argued that the defendant attorney had not made
such a decision. The plaintiff contended that the attorneys
comments to the trial judge, made after a request for a read back
by the jury, contained a statement by the attorney that he had
elicited the ________ foot testimony and that a judgmental defense,
therefore, should not be available.
The judge in this legal malpractice case directed a verdict in
the plaintiffs favor on two of three contentions of negligence,
finding that the attorneys statements in summation as to her
speed and distance at ________ feet were negligent as a matter of law. p 7 3
The jury found for the defendant on the issue of proximate cause.
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