Espinoza v. Thomas
Michigan Court of Appeals
1Opinion of the CourtMurphy, J.
Plaintiff appeals as of right from the trial court’s grant of defendants’ motion for summary disposition pursuant to MCR 2.116(C)(8), failure to state a claim upon which relief can be granted. The trial court ruled that plaintiff had failed to state a claim of legal malpractice against defendants because plaintiff could not show any damages resulting from defendants’ conduct for which plaintiff had not already been compensated. The trial court reasoned that because plaintiff had accepted a mediation award in the underlying litigation, which was based on claims for the same damages plaintiff…
2Cases cited21 opinions
- Roberts v. Auto-Owners InsuranceMichigan Supreme Court · 1985
- Fishman v. BrooksMassachusetts Supreme Judicial Court · 1986
- Bonelli v. Volkswagen of America, IncMichigan Court of Appeals · 1988
- Tinkler v. RichterMichigan Supreme Court · 1940
- Becker v. Julien, Blitz & Schlesinger, P. C.New York Supreme Court · 1977
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3Cited by53 opinions
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- Fletcher Small v. Officer BrockCourt of Appeals for the Sixth Circuit · 2020
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