No Proximate Causation for Alleged Malpractice in an Unwinnable Case

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Debra and William Elam (“Plaintiffs”) hired the law firm O’Connor & Nakos, Ltd. and attorney Daniel V. O’Connor (“Defendants”) to represent them in a wrongful death action against several entities following the death of their daughter.  Once the underlying matter settled, Plaintiffs sued Defendants for alleged failure to investigate their claim, conduct discovery, and plead certain theories of liability.  Plaintiffs argued that they would have recovered more from one of the defendant entities, Live Nation Worldwide, Inc.,  but for Defendants’ malpractice.  The Trial Court granted Defendants’ motion for summary judgment, and Plaintiffs appealed.  The Appellate Court of Illinois, First District, affirmed.  It explained that, “in malpractice cases based upon the attorney’s conduct during litigation, i.e., the prosecution or defense of a prior claim, a plaintiff must generally prove a case-within-a-case to establish proximate cause.”  Id. at ¶ 24.  Here, the Appellate Court found that “as a matter of law, plaintiffs could not have prevailed against Live Nation” in their underlying matter.  Id. at ¶ 37.  Therefore, Plaintiffs could not establish that they suffered an injury “as a proximate result” of Defendants’ alleged malpractice.  Id. at ¶ 24.

Elam v. O’Connor & Nakos, Ltd., 2019 IL App (1st) 181123

(This is for informational purposes and is not legal advice.)

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