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Mills v. Law Office of Melbourne Mills

3/21/2003

his claim. Weller v. McCauley, Ky., 383 S.W.2d 356 (1964). To maintain a claim for negligence, the plaintiff must establish a duty on the part of the defendant, a breach of that duty, and a causal connection between the breach and an injury suffered by the plaintiff. Grisham v. Wal-Mart Stores, 929 F. Supp. 1054 (E.D. Ky. 1995), affirmed 89 F.3d 833 (6th Cir. 1996).


In the present case, appellant did establish a duty by virtue of stating that he had hired appellees to represent him in his lawsuit. However, he fails to allege how a breach of this duty caused him injury . Accordingly, the cause of action was properly dismissed for failure to state a claim under CR 12.02.


For the reasons stated above, the judgment of the Fayette Circuit Court is affirmed.


ALL CONCUR.




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