Smith v. David S. Shurtleff & Associates

SUBSTITUTE OPINION

The Court’s prior opinion, dated April 1, 1993, is hereby withdrawn.

SWANSTROM, Judge.

In a trial, Jackie Smith was denied recovery in his malpractice action against David S. Shurtleff and Associates, architects. Smith appeals, arguing that the record does not support the district court’s conclusion that Smith’s negligence was at least as great as the negligence of Shurtleff, barring any recovery by Smith. We affirm.

Smith held an option on a parcel of real estate in Boise which he set out to develop for commercial use. Sometime in 1986, Smith contacted Shurtleff to draw up a…