Schmitz v. Crotty

McGIVERIN, Chief Justice.

This case raises the issue of whether the defendant attorney breached the duty of care he owed to the plaintiff beneficiaries in his handling of their mother’s estate as a matter of law. Because the defendant accepted responsibility for the death tax returns he filed on behalf of the plaintiffs’ mother’s estate and the plaintiffs showed defendant’s undisputed mishandling of those returns, we conclude that this is a rare case which requires us to hold in this bench-tried law action that defendant breached his duty to exercise reasonable care as a matter of law. We…