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Busacca v. Maguire & Schneider8/12/2005
{ } In this accelerated calendar case, appellants, Sara Busacca, administrator of the estate of Frederick Hahn, and Mary Jane Hahn appeal the judgment entered by the Trumbull County Court of Common Pleas. The trial court entered summary judgment in favor of appellees, Maguire & Schneider, LLP, f.k.a. Maguire, Schneider, Zapka, & Leuchtag; Emery J. Leuchtag; and Dennis P. Zapka.
{ } Mary Jane Hahn was married to Fred Hahn. She believed a doctor had committed medical malpractice in the treatment of Fred Hahn. She hired attorneys Dennis Tackett and Emery Leuchtag from Tackett, Zapka & Leuchtag to represent her in pursuing a medical malpractice action against the doctor on behalf of her husband. While the action was pending, Fred Hahn died. Sara Busacca, Fred and Mary Jane Hahn's daughter, was appointed administrator of Fred Hahn's estate. Thereafter, the medical malpractice action was refiled, with Sara Busacca named plaintiff in her capacity as administrator of the estate.
{ } The medical malpractice action was dismissed without prejudice on September 10, 1997. It was not refiled.
{ } In 1999, appellants became concerned about the status of the case. They called Tackett and discussed the matter with him. In response, on August 9, 1999, Tackett sent a letter to Mary Jane Hahn. Therein, he informed her that the law firm of Tackett, Zapka & Leuchtag had dissolved in January 1997. He told her that Zapka and Leuchtag had possession of the medical malpractice file. In addition, he stated that the medical malpractice action had been dismissed on September 10, 1997, and according to the Ohio Rules of Civil Procedure, it could have been refiled within one year of that date. Also, he mentioned that Sara Busacca informed him that the dismissal of the case occurred without appellants' knowledge.
{ } On December 9, 1999, Sara Busacca sent a letter to Zapka and Leuchtag. The letter claimed that her phone calls to the attorneys had not been returned. In addition, the letter stated it was a demand for a status report on the medical malpractice case.
{ } On October 16, 2000, appellants sent another letter to Zapka and Leuchtag. In this letter, appellants state that the attorneys had not responded to their previous letter from December 1999. In addition, the letter states, "Since my mother, Mary Jane Hahn, has not received any status report from you, or any return calls, I am advising you that my mother and I are hiring another attorney." This letter mentions numerous phone calls and letters to the attorneys from appellants that have gone unanswered. Then, it instructs the attorneys to call Sara Busaccadirectly at any of three telephone numbers. The letter concludes with the statement, "My mother, Mary Jane Hahn, and I demand that you immediately provide us with a status report regarding the above referenced cases."
{ } On February 21, 2001, appellants sent a final letter to Zapka and Leuchtag. This letter references the December 1999 and October 2000 letters and asserts that appellants received no response to them. The letter contains the same statement as the October 2000 letter: "I am advising you that my mother and I are hiring another attorney." Further, the letter demands that the attorneys return the entire file relating to the medical malpractice case. Lastly, the letter states that the information is needed "immediately and certainly prior to our March 27, 2001 meeting with our new attorney."
{ } On November 13, 2001, appellants filed the instant action for legal malpractice against appellees. Appellees filed a motion for summary judgment.
{ } The trial court issued a judgment entry, on January 2
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