Meyer v. Dempcy

Dorothy Meyer, as personal representative of her husband's estate and as a surviving spouse (hereinafter the Meyers), sued their attorney, Birney N. Dempcy, for legal malpractice. In their complaint, the Meyers contended that Dempcy's failure to advise Mrs. Meyer to probate her husband's estate subjected the estate to medical malpractice claims 5 years after his death. The trial court granted summary judgment in favor of Dempcy on grounds that (1) the Meyers sustained no actual damages as a result of the alleged malpractice, and (2) the Meyers' insurer could not be subrogated to pursue the…