Johnson v. Stojan Law Office, P.C.

Illinois Appellate Court
Civil Court
Legal Malpractice
Citation
Case Number: 
2018 IL App (3d) 170003
Decision Date: 
Friday, January 12, 2018
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Affirmed.
Justice: 
O'BRIEN

Plaintiff  filed legal malpractice action against attorney who draft ed trust documents and a trust amendment for Plaintiff's mother. Plaintiff had been a successor co-trustee of the trust. Court properly granted summary judgment for Defendants, as Plaintiff never became a co-trustee to whom Defendants would owe a duty; and Plaintiff was an incidental beneficiary, to whom Defendants did not owe a duty. Court properly denied Plaintiff's request to file a second amended complaint. Allegations of proposed amendment only expand claims made in earlier complaint and do not include facts sufficient to establish that Defendant owed Plaintiff a duty. Addition of a new count, for financial exploitation of an elderly person, would surprise and prejudice Defendants, as it is based on new theory of liability and includes a claim for treble damages.(CARTER and McDADE, concurring.)