West Bend Ins. Co. v. Schumacher

Dist. Ct. did not err in granting defendant-attorney’s motion to dismiss legal malpractice action filed by plaintiff-former client of defendant, arising out of defendant’s representation of plaintiff in underlying workers’ compensation claim, where plaintiff asserted that defendant had not adequately investigated workers' compensation claim and had improperly admitted liability in said claim under circumstances, where: (1) claimant had worked beyond day of alleged workplace accident; (2) claimant did not file workers’ compensation claim until after he had been laid off by plaintiff’s insured; and (3) claimant’s treating physician could not find any change in condition of claimant’s knee following alleged accident. Instant legal malpractice complaint was properly dismissed under Illinois law, where complaint failed to set forth plausible description of lost defense that, absent defendant’s alleged negligence, would have assured plaintiff’s success in defense of workers’ compensation claim. (Dissent filed.)