Daskalos v. Kell

This is an action for damages against a lawyer for legal malpractice. The case was tried before a jury, which returned a verdict in favor of the plaintiffs in the sum of $23,005.65. The resulting judgment was then set aside by the trial court on its own motion and a new trial was ordered by it on the ground that although there was evidence from which the jury could have found that defendants were negligent, the plaintiff Daskalos was "as a matter of law also negligent” and was therefore barred from recovery.

Plaintiffs assign as error the entry of the order setting aside the judgment and…