Legal Opinion

Shoemaker v. Gindlesberger

Ohio Supreme Court

Decided May 7, 2008No. 2007-0113PublishedCited by 47 opinions

1Opinion of the CourtLanzinger, J.

{¶ 1} This discretionary appeal invites us to review Simon v. Zipperstein (1987), 32 Ohio St.3d 74, 512 N.E.2d 636, which establishes that an attorney is not liable to third persons arising from his good-faith performance of acts on behalf of a client. For the reasons that follow, we decline the invitation to overrule Zipperstein and instead hold that a beneficiary of a decedent’s will may not maintain a negligence action against an attorney for the preparation of a deed that results in increased tax for the estate.

I. Case Background

{¶ 2} Margaret Schlegel, the decedent, was a client of…

2Cases cited12 opinions

  1. Vahila v. HallOhio Supreme Court · 1997
  2. Savings Bank v. WardSupreme Court of the United States · 1880
  3. Krahn v. KinneyOhio Supreme Court · 1989
  4. Barcelo v. ElliottTexas Supreme Court · 1996
  5. Scholler v. SchollerOhio Supreme Court · 1984

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3Cited by47 opinions

  1. New Destiny Treatment Center, Inc. v. WheelerOhio Supreme Court · 2011
  2. Baker v. Wood, Ris & Hames, Professional Corp.Supreme Court of Colorado · 2016
  3. Antioch Litigation Trust v. McDermott Will & Emery LLPDistrict Court, S.D. Ohio · 2010
  4. Shamrock v. Cobra Resources, L.L.C.Ohio Court of Appeals · 2022
  5. Kent's Excavating Servs., Inc. v. Leneghan, Court of Appeals of Ohio, Eighth District, Cuyahoga County2017

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