Kimberly Blair (Partner-Chicago, IL), Robert Merlo (Partner-Chicago, IL) and Courtney Wood (Associate-Chicago, IL) secured a defense verdict in a legal malpractice action brought in Cook County. Kim, Bob and Courtney represented personal injury attorneys who had previously represented the plaintiff in an underlying motor vehicle accident case.

The plaintiff alleged that our clients improperly recommended an $845,000 settlement in the underlying action, which involved claims stemming from a motor vehicle collision, including a claim that a C5-C6 herniation was sustained as a result of the accident. Plaintiff contended that our clients failed to advise him of an excess insurance policy and asserted that, had he known of the additional coverage, he would not have agreed to settle underlying case for $845,000 and instead would have proceeded to trial.

The Court bifurcated the trial of the malpractice action, and directed the parties to first try the underlying auto matter – the “case within a case” – with the understanding that a verdict below $845,000 would result in the absence of causation and damages, thereby entitling the defendant attorneys to judgment in their favor.

After six days of the trial’s first phase (the case-within-a-case phase), plaintiff’s counsel asked the jury to award $2,406,000 in damages. The jury returned a verdict of just $50,232.04, eliminating any basis for damages on the legal malpractice claim and resulting in a complete defense victory for our clients.