Jon Hansen and Brian Carr of Monaco Cooper Lamme & Carr, PLLC successfully defended a local attorney in a legal malpractice action.
The local attorney had previously represented the plaintiff in a wrongful death action against a nursing home, in which it was claimed that the plaintiff’s mother had passed away as a result of the nursing home’s neglect. However, during the early stages of the nursing home action, MCLC’s client learned that the claims against the nursing home had no merit and he withdrew his representation.
The plaintiff then obtained new legal representation. The lawsuit against the nursing home was ultimately dismissed for failure to file a timely complaint. The plaintiff commenced a legal malpractice action against both of his prior attorneys for failing to file a timely complaint.
At the conclusion of discovery in the legal malpractice action, Jon Hansen moved for summary judgment on multiple grounds, including that the nursing home action had no merit. Mr. Hansen supported his motion with an Affidavit from an expert in geriatric medicine who demonstrated that the nursing home complied with the standard of care, and that the plaintiff’s mother had passed away from natural causes. The plaintiff did not submit an expert Affidavit in opposition to MCLC’s motion, instead submitting an unsigned and unsworn medical report. Mr. Hansen filed reply papers noting that an unsworn medical report was insufficient to defeat summary judgment where expert proof is required, and that proving the merit of the nursing home action was an essential element of plaintiff’s legal malpractice claim that could not be established.
In its Decision and Order, the Supreme Court agreed with Mr. Hansen, granting his motion for summary judgment and dismissing the case as against MCLC’s client.
About Jonathan E. Hansen
Jon Hansen litigates personal and premises liability, construction and labor law, hospitality and retail liability, insurance defense, professional liability, and trucking and transportation law for the Firm’s individual, business, and professional clients. He is a named SuperLawyers in the areas of general litigation, personal injury, and appellate law. Jon can be reached at (518) 675-7746 and at jhansen@mclclaw.com
About Brian D. Carr
Brian Carr is an accomplished litigator, business advisor, and negotiator who represents clients in commercial matters and in the transportation, aviation, construction, and small business industries. He regularly protects the interests of businesses, contractors, manufacturers, retailers, and transportation clients in courts throughout New York, as well as in mediations and arbitrations, administrative hearings, and before governmental and regulatory agencies. Brian has been named to Best Lawyers in America®, SuperLawyers®, and is rated AV® Preeminent by Martindale-Hubbell. He can be reached at (518) 675-7741 and at bcarr@mclclaw.com.
About Monaco Cooper Lamme & Carr, PLLC
MCLC is a law firm dedicated to providing exceptional legal services and unparalleled value while building rewarding and lasting relationships with our clients. Our team includes seasoned trial and transactional attorneys who are nationally recognized industry and legal authorities in a wide range of practices and are supported by a remarkable professional support staff. For more information on our firm, visit mclclaw.com or contact our Marketing Director, Stacy A. Smith at ssmith@mclclaw.com.