Payne v. Kersten
Court of Appeals of Oregon
1Opinion of the CourtAoyagi, J.
*437In this legal malpractice case, plaintiff, individually and as trustee of the Payne Living Trust, filed an action against his former attorney for alleged negligence and breach of fiduciary duty. The trial court granted summary judgment in favor of defendant. The court applied issue preclusion to conclude that the judgment in a separate action between plaintiff and his son established that, even if defendant was negligent, he did not cause any damages to plaintiff. The court also ruled that plaintiff could not pursue claims on behalf of the trust or its beneficiaries. Plaintiff assigns error…
2Cases cited9 opinions
- State v. WyattOregon Supreme Court · 2000
- Nelson v. Emerald People's Utility DistrictOregon Supreme Court · 1993
- Two Two v. Fujitec America, Inc.Oregon Supreme Court · 2014
- Wyers v. American Medical Response Northwest, Inc.Oregon Supreme Court · 2016
- Barackman v. AndersonOregon Supreme Court · 2005
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3Cited by1 opinion
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