Tuesday, April 9, 2013

Constance Hale v. Robert Groce case brief

Hale v. Groce case brief summary
304 Ore. 281; 744 P.2d 1289

Both plaintiff beneficiary and defendant attorney in a malpractice action petitioned for review of a decision of the Oregon Court of Appeals, reversing the trial court's dismissal of the beneficiary's negligence claim and remanding for trial the beneficiary's allegations that the attorney was estopped from invoking the statute of limitations. The beneficiary sought reinstatement of her contract claim as a third-party beneficiary.

-The attorney was directed by a client to prepare testamentary instruments and to include a bequest to the beneficiary.
-After the client's death, it was discovered that the gift was not included either in the will or in a related trust instrument and the beneficiary brought an action for damages against the attorney.
-The attorney filed a motion to dismiss on the grounds that the stated facts did not constitute a claim either for negligence or for breach of contract.
-The trial court granted the motion to dismiss.
-The court of appeals reinstated the negligence claim, and also remanded for trial the attorney's assertion that the tort claim was barred by the statute of limitations.

The court affirmed in part and reversed in part and held that the complaint stated claims for damages under both theories, a claim as the intended beneficiary of the attorney's professional contract with the client and a derivative tort claim based on breach of the duty created by that contract to the beneficiary as its intended beneficiary.

OUTCOME: The court affirmed in part and reversed in part. The court reversed so much of the decision of the court of appeals affirming the dismissal of the beneficiary's contract claim. The court affirmed the decision of the court of appeals to leave to the trial court the beneficiary's allegations that the attorney waived the time limit for the negligence claim or was estopped to assert it.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?


No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...