Charles Reinhart Co. v. Winiemko

At issue in the instant case is whether proximate cause in a legal malpractice action alleging negligence during an appeal is an issue of law reserved for the court or an issue of fact reserved for the jury. More specifically, we are presented with the question whether a court or a jury should determine whether the underlying appeal would have been successful. We hold that the issue is reserved to the court because whether an appeal would have been successful intrinsically involves issues of law within the exclusive province of the judiciary. Furthermore, we find that the trial court failed…