Nichols v. Fahrenkamp

Plaintiff filed legal malpractice action against attorney who was acting as GAL when mother of Plaintiff dissipated proceeds of personal injury settlement of Plaintiff, who was then a minor. Court erred in granting summary judgment for Defendant GAL.The GAL did not have quasi-judicial immunity under the circumstances, as evidence presented showed there were genuine issues of fact as to whether GAL breached duties to Plaintiff. GAL owed a common law duty to Plaintiff to render advice and to protect assets and interests of Plaintiff arising out of underlying settlement. (CHAPMAN, concurring; GOLDENHERSH, dissenting.)