Neubaum v. Stanfield

Marc W. Brown,

Justice, dissenting.

The majority holds that by failing to submit expert testimony on causation, the Stone Parties did not conclusively negate the causation element of the Neubaums’ legal malpractice claim. Because causation in this case is within a jury’s common understanding and the record conclusively demonstrates that judicial error, a new and independent cause, caused the Neub-aums’ alleged harm, I would affirm the summary judgment. Accordingly, I dissent.

This case presents two issues. The first is whether judicial error can operate as a new and independent cause in a legal…