O’Shea v. Lindenberg CA4/3
This is a legal malpractice case. Plaintiff Michael O’Shea hired attorney Susan F. Lindenberg to represent him in a child support action. After O’Shea’s ex-wife was awarded what he believed to be an excessive amount of child support, he filed this action. His most significant allegation of negligence was that Lindenberg should have retained a forensic accountant. The case went to trial and the jury concluded, in a special verdict, that Lindenberg owed a professional duty of care that she breached. The jury was unable to agree, however, on whether the breach of duty caused him damage, and the judge declared a mistrial.
Lindenberg moved for a directed verdict on the grounds that the evidence presented at trial did not support a finding of causation, specifically, that without the alleged malpractice, O’Shea would have received a better result. The trial court agreed and directed a verdict in Lindenberg’s favor. After reviewing the evidence in accordance with the applicable sta
Comments on O’Shea v. Lindenberg CA4/3