Friesens, Inc. v. Larson

438 N.W.2d 444, 1989 WL 35632
CourtCourt of Appeals of Minnesota
DecidedJune 21, 1989
DocketC7-88-1891
StatusPublished
Cited by2 cases

This text of 438 N.W.2d 444 (Friesens, Inc. v. Larson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Friesens, Inc. v. Larson, 438 N.W.2d 444, 1989 WL 35632 (Mich. Ct. App. 1989).

Opinions

OPINION

NORTON, Judge.

This appeal is from a grant of partial summary judgment pursuant to Minn.R. Civ.P. 54.02, in a legal malpractice action. Appellants allege that respondent law firm’s negligence in failing to properly defend a claim was a cause of appellants’ damages. Appellants claim the trial court erred in granting summary judgment in favor of respondent. We reverse.

FACTS

In 1976, a fire at a fur farm resulted in the destruction of 720 mink. The owners sued appellant Friesens, Inc., alleging that the fire was caused by a defective mink feeder manufactured by Friesens. Fries-ens’ insurer, appellant Iowa Mutual Insurance co. (Iowa Mutual), retained respondent Donovan, McCarthy, Crassweller, Larson & Magie, P.A. (“Donovan”) in 1979 to defend Friesens. Arnold Larson accepted the case for the firm. Larson left Donovan’s to become a sole practitioner on December 31, 1982. Larson received permission from Iowa Mutual to take the file and to continue representing Friesens.

In October 1983, Iowa Mutual rejected a settlement offer for $50,000. Iowa Mutual’s claims manager stated that he had not been sufficiently informed about his case to evaluate the offer. A second possible settlement offer for $35,000 was rejected for similar reasons in 1984. Trial was initially anticipated in 1980, and was ultimately scheduled for May 6, 1985.

[446]*446On May 3, 1985, Iowa Mutual terminated Larson’s services and hired Falsani, Bal-mer, Berglund & Merritt (“Falsani”) to defend the case. Trial was continued until May 28, 1985. The trial court directed a verdict against Friesens in the amount of $160,000. The court also ordered pre-judgment interest in the amount of $129,132. Appellants ultimately settled the claim for $195,000. The trial court stated that Fries-ens failed to produce any evidence on valuation of the mink, and only very weak testimony on the issue of causation.

On January 12, 1988, appellants brought suit for legal malpractice against Arnold Larson, the Donovan firm, James Balmer and the Falsani firm. Donovan moved for summary judgment on March 7, 1988. The trial court granted the motion, dismissing Donovan from the malpractice action. The trial court stated in its memorandum that regardless of any lack of supervision on the Donovan firm’s part, the firm had no control over the file after 1982.

ISSUE

Did the trial court err in granting summary judgment?

ANALYSIS

Summary judgment will be affirmed on appeal if there is no genuine issue of material fact and the trial court did not err in its application of the law. Betlach v. Wayzata Condominium, 281 N.W.2d 328, 330 (Minn.1979); Minn.R.Civ.P. 56.03. If any doubt exists as to the existence of a genuine issue of material fact, the doubt must be resolved in favor of finding that a fact issue exists. Rathbun v. W.T. Grant Co., 300 Minn. 223, 230, 219 N.W.2d 641, 646 (1974).

To prevail on their claim of legal malpractice under Minnesota law, appellants must establish four elements: (1) the existence of an attorney-client relationship; (2) acts constituting negligence; (3) that such acts were the proximate cause of appellants’ damages; and (4) that but for such negligence, appellants would have been successful in the defense of the action. See Togstad v. Vesely, Otto, Miller & Keefe, 291 N.W.2d 686, 692 (Minn.1980). Failure of proof on any one element defeats recovery. Godbout v. Norton, 262 N.W.2d 374, 376 (Minn.1977), cert. denied, 437 U.S. 901, 98 S.Ct. 3086, 57 L.Ed.2d 1131 (1978). The parties here do not dispute the existence of an attorney-client relationship. Appellants allege that Donovan was negligent in its handling of the case and that Donovan’s negligence was a direct cause of their damage. Respondent contends that any negligence on Donovan’s part was not the cause of appellants’ eventual damages.

The trial court did not address the issue of Donovan’s alleged negligence. Donovan represented appellants from June 1979— December 1982. Appellants claim that Donovan did nothing of substance to defend the claim against Friesens. Donovan did not take depositions, interview witnesses, or obtain experts. Interrogatories served by Donovan in January 1981 were unanswered until February 1984. When Larson departed from the firm in 1982, Donovan did not review the file with appellants or advise them as to its status. Appellants’ expert stated by affidavit that, in his opinion, Donovan’s neglect of the file fell below the standard of care required of attorneys in Minnesota. Based on this affidavit and the underlying facts, appellants have raised a genuine issue as to Donovan’s negligence.

In addition to negligence, however, appellants must also show causation in order to establish legal malpractice. The issue of causation is generally a fact question that must be left to the jury. See Jonathan v. Kvaal, 403 N.W.2d 256, 260 (Minn.Ct.App.1987), pet. for rev. denied (Minn. May 20, 1987). Under circumstances where different minds can reasonably arrive at only one result, however, causation becomes a question of law. Lyons v. SCNEI, Inc., 262 N.W.2d 169, 170 (Minn.1978). Summary judgment is proper in a legal malpractice action where the facts are undisputed and appellants fail to establish a prima facie case. Paoletti v. Zlimen, 396 N.W.2d 893, 896 (Minn.Ct.App.1986), pet. for rev. denied (Minn. Feb. 13, 1987). Where a genuine issue of causation exists, however, sum[447]*447mary judgment is not proper. Poplinski v. Gislason, 397 N.W.2d 412, 416 (Minn.Ct.App.1986), pet. for rev. denied (Minn. Feb. 18, 1987). In Poplinski, we stated that the attorney’s negligence may have affected the client’s potential for full recovery. Id. at 415. We held that the issues of negligence and proximate cause were factual determinations which should be decided by a jury. Id. at 416. See also Oakes & Kanatz v. Schmidt, 391 N.W.2d 51, 54 (Minn.Ct.App.1986) (summary judgment improper where issues of fact, including causation, exist).

Donovan argues that summary judgment is proper when appellant fails to prove all the elements of legal malpractice. In Pop-linski, however, we reversed summary judgment on the basis of causation where only two of the four malpractice elements were addressed.

The trial court apparently found no causation between Donovan’s alleged negligence and appellants’ damages. We believe, however, that genuine issues of material fact exist as to Donovan’s role in appellants’ harm. Had Donovan actively investigated and supervised the file, necessary work would have been done before the settlement offers were made.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Suelthaus & Kaplan, P.C. v. Byron Oil Industries, Inc.
847 S.W.2d 873 (Missouri Court of Appeals, 1992)
Friesens, Inc. v. Larson
438 N.W.2d 444 (Court of Appeals of Minnesota, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
438 N.W.2d 444, 1989 WL 35632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friesens-inc-v-larson-minnctapp-1989.