Kirsch v. Duryea

Opinion

CLARK, J.

Defendant, an attorney, appeals from a legal malpractice judgment following jury verdict. We conclude the evidence is insufficient to support the judgment.

Evidence at trial revealed that- in February 1963 plaintiff fell injuring his left shoulder while employed. A preoperative diagnosis revealed “probable tear, musculotendinitus cuff, left shoulder.” The tear was repaired surgically and the arm placed in an airplane splint. An airplane splint is designed to hold the patient’s arm in the air perpendicular to the axis of the body with the forearm bent forward at the elbow in a…