Multiple plaintiffs (adults and minors) are next of kin of decedent who died after being crushed by motor vehicle as he was unloading a truck. Jury verdict for $3 million, reduced by 50% for decedent's contributory negligence. Plaintiffs filed suit for legal malpractice and breach of fiduciary duties against Estate's attorneys, for voluntarily dismissing Estate's appeal of $1.5 million reduction for contributory negligence without their consent. Based on level of morphine in decedent's blood at time of his death, court was within its discretion in admitting opinion testimony of pharmacologist who testified that at time of his death, decedent had 10-20 times the level of morphine that would be customarily administered for pain, and that as a result decedent was impaired. Thus, had Estate's appeal not been dismissed, appellate court would likely have found no error in trial court's admission of that testimony. Thus, alleged breach of duty in dismissing appeal was not proximate cause of Plaintiff's alleged damages. (CUNNINGHAM and ROCHFORD, concurring.)
Illinois Appellate Court
Civil Court
Legal Malpractice