George Flynn and Maura Morgan Win Summary Judgment in Cook County Legal Malpractice Case
Clausen Miller Partners George Flynn and Maura Morgan won summary judgment, thereby averting a 3 week trial for their client, just minutes after a co-defendant law firm reached a seven figure settlement with a Plaintiff Condominium Association.
Flynn and Morgan represented a large law firm (lawyers for the Association in an underlying lawsuit against a developer for alleged failures to cure construction defects in connection with the turnover of the condominium). The handling partner for the firm allowed the underlying case to be dismissed; resigned from the firm; and then continued the Association’s representation at his new firm. Flynn moved for dismissal, arguing that the “viability doctrine” was a bar to a finding of proximate cause, since the successor firm and the Association had a right to seek reinstatement of the case , and thus “cure” any alleged malpractice. The motion was denied, and the denial affirmed by the Appellate Court. On remand, the Association’s president admitted to terminating the firm, and testified that he never expected the firm to take further action on behalf of the Association, as the firm no longer possessed any such authority. The Motion for Summary Judgment aimed at avoiding any “law of the case” issues, and instead focused on the Plaintiff’s inability to prove an ongoing duty owed by the terminated firm. The Plaintiff has appealed the ruling of the Cook County Circuit Court. Please feel free to contact George Flynn or Maura Morgan with any questions concerning the legal issues involved in the matter.