Thornber v. Ballard

By Judge Michael P. McWeeny

This matter is before the Court on plaintiff’s Motion to Strike the defendant’s defense as a result of the defendant invoking the Fifth Amendment privilege against self-incrimination to certain interrogatories. As set forth more fully below, the Motion is granted.

In the Motion for Judgment, plaintiff alleges that the defendant, while acting as his attorney, committed malpractice and breached a fiduciary duty. Specifically, of $70,000 which plaintiff entrusted to the defendant’s care, $37,957 has been lost through defendant’s negligence, error and omissions. In his…