Attorneys Butters and Pine recently secured a final judgment in favor of a lawyer-client in a legal malpractice matter after an assessment of damages hearing in Hampden Superior Court. The plaintiff claimed that her lawyer was responsible for damages stemming from personal injuries she suffered in an automobile accident case that was ultimately dismissed. Attorneys Butters and Pine found themselves defending “a case-within-a-case” — a legal malpractice
claim, which focused on an underlying personal injury case.
On direct exam, the plaintiff contended that her injuries were long-lasting, failed to improve with any treatment, negatively impacted her life and ability to work. Mr. Pine cross-examined the plaintiff on her injuries and was able to demonstrate that, despite the seriousness of her claims, the plaintiff was ultimately discharged from her doctor’s care after receiving a relatively low-level of treatment.
At closing, Mr. Pine emphasized that the plaintiff’s claimed injury was inconsistent with both the type of treatment and length of treatment she received. Mr. Pine argued, and the Court agreed, that the plaintiff failed to establish the necessary element of damages proximately caused by the alleged act and was, at-best, entitled to a nominal recovery despite the seriousness of the accident.
In its decision, the Court credited the plaintiff with a Personal Injury Protection (PIP) off-set and awarded no additional recovery. Final judgment entered in favor of the client-defendant. The Boston-based attorneys at Butters Brazilian LLP are well known for their trial skills and regularly handle legal malpractice cases throughout Massachusetts. If you are an attorney in need of representation, please feel free to call us for a consultation.
Written by Thomas J. Butters and Alec S. Pine