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Kahn and O’Toole Obtain Dismissal on Lack of Proximate Cause

July 9, 2019

Gregg Kahn (Partner-New Jersey) and John O'Toole (Of Counsel-New Jersey) represented an attorney who served as conservator for an allegedly incapacitated individual (the plaintiff) who was declared incapacitated by the court. Then, after the plaintiff was restored to capacity several years later, she filed suit against several individuals / entities, including our client, alleging professional malpractice. The parties served expert reports. After a two-week jury trial, the court granted Gregg's motion for involuntary dismissal at the close of the plaintiff's case because plaintiff's expert was able to opine only as to the attorney's alleged breach of duty of care, but was unable to opine as to how the alleged breach proximately caused the plaintiff to suffer a loss. The lawsuit, therefore, was dismissed with prejudice. 

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