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Richardson v. Glass8/4/1992
ff's failure to controvert defendants' asserted material facts, plaintiff also failed to establish that Castillo's employer exercised any control over him while he drove to the shop after lunch breaks. The only showing here is that Castillo was on his personal time at the time of the accident.
Plaintiff had the burden of not only proving her counsel's negligence, but also that she would have recovered at trial in the underlying action. See ) (in legal malpractice action measure of damages is amount that would have been recovered by client except for attorney's negligence), cert. quashed, 93 N.M. 172, 598 P.2d 215 (1979). Accordingly, the district court's dismissal of the claim is affirmed.
IT IS SO ORDERED.
STANLEY F. FROST, Justice
WE CONCUR:
SETH D. MONTGOMERY, Justice
GENE E. FRANCHINI, Justice
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