Nelson v. Schnautz

Schindler, A.C.J.

¶1 In this legal malpractice action, the trial court ruled as a matter of law that an attorney’s failure to file a claim against a tortfeasor’s estate prevented the fault-free plaintiff from recovering damages from the other jointly and severally liable tortfeasors for more than the amount of insurance coverage available to the estate. On appeal, the attorney, Stephen Schnautz, challenges the trial court’s ruling. Schnautz also challenges dismissal of his intervening cause defense, based on the successor attorneys’ failure to commence probate proceedings for the tortfeasor’s…