Lively v. Kilgore

THOMAS, Judge.

Richard D. Lively appeals from the Tal-lapoosa Circuit Court’s denial of his motion for a judgment as a matter of law (“JML”) in a legal-malpractice action brought pursuant to the Alabama Legal Services Liability Act (“ALSLA”), codified at Aa.Code 1975, § 6-5-570 et seq., arising from Lively’s representation of Rodney Kilgore in a medical-malpractice action.

In 1999, Kilgore sought treatment from Dr. Graham Howorth for pain in Kilgore’s neck and right arm and shoulder. After attempts at conservative care were unsuccessful, Dr. Howorth recommended surgery to excise one of the…