Herston v. Whitesell

On a prior appeal of this malpractice suit, we reversed an order granting summary judgment in favor of the defendants. We held that whether an attorney-client relationship existed between the plaintiff and defendants and, if so, whether the defendants breached their duty to use reasonable care and skill under the facts alleged were questions of fact for the jury to decide. Herston v. Whitesell, 348 So.2d 1054 (Ala. 1977).

On remand, the trial court granted motions for directed verdicts in favor of each defendant at the close of the plaintiff's case. The plaintiff again appealed as to…