Fitzgerald v. Walker

DONALDSON, Justice.*

This is a legal malpractice case in which the plaintiffs’ sole expert witness on the question of breach informed them on the first day of trial, while the jury was being selected, that he could not testify on their behalf. The district court thereupon dismissed with prejudice plaintiffs’ case, and later refused to grant relief from the judgment pursuant to I.R.C.P. 60(b). Plaintiffs now appeal, arguing that the court below abused its discretion.

I

The facts of this case begin in January 1979, when Country Pride sued predecessors of the plaintiffs in the case at bar for money…