Olson v. Wheelock

Plaintiff appeals a judgment entered in favor of defendants in this action for legal malpractice. The complaint alleges that defendants were negligent in allowing plaintiffs underlying claim for violation of Oregon’s Anti-trust Law, ORS 646.725, 1 to be dismissed for want of prosecution. The trial court granted defendants’ motion for summary judgment on the ground that plaintiffs only evidence of the alleged violation of ORS 646.725 was inadmissible hearsay.

Defendants argue for the first time on appeal that plaintiffs antitrust complaint did not state facts sufficient to constitute a claim…