Pippen v. Pedersen

Court properly entered summary judgment on Plaintiffs' breach of fiduciary claim as it was duplicative of negligence claim in legal malpractice action alleging attorneys inadequately represented them in purchase of aircraft. Negligence and breach of fiduciary duty claims share same operative facts and injuries, as Plaintiffs incorporated same allegations of injury into both claims, and those injuries were actually caused by Defendants' allegedly negligent acts. Although breach of fiduciary duty may have motivated negligent representation,it was negligence that caused Plaintiffs' injuries. (QUINN and CONNORS, concurring.)