[Download] "Flint V. Hart" by Division Three, Panel Four Court of Appeals of Washington " eBook PDF Kindle ePub Free
eBook details
- Title: Flint V. Hart
- Author : Division Three, Panel Four Court of Appeals of Washington
- Release Date : January 04, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
SWEENEY, C.J.--Under current Washington law, if a plaintiff exercises independent business judgment and elects not to pursue an available legal remedy, the defendant's wrongful act cannot be the proximate cause of the plaintiff's damages. Horn v. Moberg, 68 Wash. App. 551, 558, 844 P.2d 452, review denied, 121 Wash. 2d 1025, 854 P.2d 1085 (1993). The law firm of Hart & Winfree did not retain a security interest in the general intangibles for Gordon M. Flint when it represented him during the sale of his funeral home business to Michael and Vicki Meyer. The Meyers defaulted and later filed bankruptcy. Mr. Flint settled his claim with the Meyers and sued Hart & Winfree for legal malpractice. A jury returned a verdict in his favor. Hart & Winfree appeals. It contends that its negligence was not the proximate cause of Mr. Flint's damages because he exercised his independent business judgment when he settled his claim with the Meyers. Hart & Winfree further asserts the verdict is not supported by substantial evidence and that the court erred in awarding Mr. Flint attorney fees and prejudgment interest.
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