Mauzey v. Morschauser
Defendant and appellant William B. Morschauser, an attorney, appeals from a judgment and postjudgment order granting a motion to tax costs following a jury trial on plaintiffs and respondents Ruth Mauzey and Larry Mauzey's[1] complaint for professional negligence in connection with Morschauser's untimely filing of a petition to probate the will of Ruth's son. The jury returned a special verdict in Ruth's favor finding Morschauser was negligent, his negligence was a substantial factor in causing Ruth harm, and Ruth's damages were $183,000. In these consolidated appeals, Morschauser contends: (1) the trial court erred by denying his motion for judgment notwithstanding the verdict (JNOV) because there is insufficient evidence that he owed Ruth a duty of care, and neither the jury instructions nor special verdict enabled the jury to decide whether he acted as Ruth's attorney; (2) Ruth failed to establish causation or damages to a reasonable certainty; and (3) the
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