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Negligence : Legal Malpractice – Collateral Estoppel – Prejudgment Interest
Stephanie Maniscalco//April 12, 2018//
Where plaintiffs brought legal malpractice claims against the attorney who represented them in disciplinary proceedings before the Missouri Real Estate Commission, arguing that their attorney’s allegedly negligent advice to enter into a settlement agreement with the commission resulted in their criminal prosecution, summary judgment for the attorney on the legal malpractice claims is affirmed because the claims were barred by collateral estoppel since the criminal convictions had not been set aside, which meant the plaintiffs could not show proximate cause of the damages, and summary judgment on the breach-of-contract claim was also proper because the requirements for statutory prejudgment interest were met.
Judgment is affirmed.
Juan v. Growe (MLW No. 71541/Case No. ED105752 – 21 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, St. Louis County, Walsh, J. (Robert K. Sweeney and Allison M. Sweeney, for appellants) (Cristian J. Juan, pro se) (Richard C. Wuestling IV, M. Adina Johnson and Chandler D. Atkins for respondent).
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