Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, June 1, 2012

Judges Rules That Florida Attorney Is Not Liable For Failure To Warn

Estate DisputeMr. Kyros was an elderly man who lived in Florida and the client of the David Gilmore. Mr. Kyros was obsessed with a child prodigy named Promethea Pythaitha to the point that he offered to pay for her college education. Ms. Pythaitha was such an advanced student that she became the youngest person to graduate from Montana State University. However, Mr. Kyros was upset that she was a student at Montana State and demanded that she attend an Ivy League School. His obsession eventually led him to travel to Montana where he decided to kill Ms. Pythaitha's mother, Ms. Georgia Smith. He failed, but not before shooting Ms. Smith 5 times seriously injuring her. Before he was killed by police, he gave Ms. Pythaitha a trust with enought money to pay her $50,000 a year for school on the condition that her mother not be living. 

Ms. Smith and her daughter sued Mr. Kyros 'attorney, claiming that Mr. Gilmore knew that Mr. Kyros was dangerous and that he failed to warn them of the danger. The district court ruled that Mr. Gilmore could not have known that his client was dangerous and that he was outside the jurisdiction of the Florida courts.

See Montana Judge Tosses Care Against Florida Estates Attorney for Failure to Warn of Danger Posed By Elderly Client, ElderLawAnswers, May 1, 2012. 


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