 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Jordan v. Beeks3/29/2001
rt originally ruling on the motion. McKay v. Owens, 130 Idaho 148, 152, 937 P.2d 1222, 1226 (1997). Under I.R.C.P. 56(b), a party against whom a claim is asserted may at any time, move for summary judgment. Judgment shall be rendered forthwith if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. I.R.C.P. 56(c). On a motion for summary judgment, the burden is always on the moving party to prove the absence of a genuine issue of material fact. If, however, the basis of the motion is that no genuine issue of material fact exists with regard to an element of the non-moving party's case, it is incumbent upon the non-moving party to establish an issue of fact regarding that element. Yoakum v. Hartford Fire Ins. Co., 129 Idaho 171, 923 P.2d 416 (1996). All facts and inferences are to be construed most favorably toward the party against whom judgment is sought, and if uncontroverted facts lead to a definite disposition as a matter of law, summary judgment is appropriate. Smith v. Boise Kenworth Sales, Inc., 102 Idaho 63, 625 P.2d 417 (1981). If reasonable people could reach different conclusions as to the facts, however, the motion must be denied. Ashby v. Hubbard, 100 Idaho 67, 593 P.2d 402 (1979).
To establish a claim for attorney malpractice arising out of a civil action, the plaintiff must show: (1) the creation of an attorney-client relationship; (2) the existence of a duty on the part of the lawyer; (3) the breach of the duty or the standard of care by the lawyer; and (4) that the failure to perform the duty was a proximate cause of the damages suffered by the client. Marias v. Marano, 120 Idaho 111, 113, 813 P.2d 350, 352 (1991); Johnson v. Jones, 103 Idaho 702, 652 P.2d 650 (1982). The plaintiff has the burden of proving not only the negligence of the attorney, but also that the negligence was the proximate cause of the loss of a right to recover in the underlying case. Johnson v. Jones, 103 Idaho 702, 652 P.2d 640 (1982).
ANALYSIS
Preliminarily, we note that our review of the summary judgment dismissing the malpractice action does not encompass a review of the summary judgment in the underlying shareholder litigation, where Judge Burdick determined the intent of the Andersons was not to be bound by the oral agreement but by a written agreement which was to follow. Although the Jordans raised the question of intent of the parties to the shareholders' agreement to the district court in this case, the district court rightly held that the question was only relevant to the summary judgment motion if the Jordans asserted facts indicating that Judge Burdick's ruling would have been different had attorney Beeks not committed malpractice in the manner complained of in the Jordans' complaint. The claims of error regarding Judge Burdick's order that the Jordans reiterate on appeal to this Court should have been addressed in the direct appeal of the summary judgment in the shareholder litigation and thus are not properly before the Court. Furthermore, by dismissing that appeal, the Jordans abandoned their challenge to Judge Burdick's decision in favor of pursuing the malpractice action against attorney Beeks.
I.
In this appeal, the Jordans assert that the district court applied an incorrect standard in ruling against them in the summary judgment. The Jordans claim that the district court erred by failing to consider whether the shareholder litigation had "some chance of success," given the evidence provided by the Jordans on the summary judgment motion. The standard urged by the Jordans is derived f
Page 1 2 3 4 5 6 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|