Thursday, May 6, 2010
The New York Appellate Division for the Third Judicial Department affirmed the denial of a plaintiff's motion for partial summary judgment in a legal malpractice case. The plaintiff is a former Olympic wrestler who suffered a head injury in T.G. I. Friday's while dining with his wife and child, allegedly as a result of an employee's negligence. He was struck in the head with a moving highchair. The underlying negligence case had been dismissed as a result of non-compliance with discovery obligations.
The court here found that there were questions of facts concerning whether the plaintiffs had failed to provide the attorneys with "pertinent economic and financial information together with the information and documents necessary for motion practice after the underlying action was dismissed." There were also caustion issues because the plaintiff had "sustained multiple head injuries with a loss of consciousness" as an Olympic wrestler in 1984 and 1988. (Mike Frisch)