Hamilton v. Silven, Schmeits & Vaughan, P.C.

983 F. Supp. 2d 1259, 2013 WL 5723123, 2013 U.S. Dist. LEXIS 150650
CourtDistrict Court, D. Oregon
DecidedOctober 21, 2013
DocketCase No. 2:09-cv-01094-SI
StatusPublished

This text of 983 F. Supp. 2d 1259 (Hamilton v. Silven, Schmeits & Vaughan, P.C.) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamilton v. Silven, Schmeits & Vaughan, P.C., 983 F. Supp. 2d 1259, 2013 WL 5723123, 2013 U.S. Dist. LEXIS 150650 (D. Or. 2013).

Opinion

OPINION AND ORDER

MICHAEL H. SIMON, District Judge.

Allen and Lois Hamilton (“the Hamiltons” or “Plaintiffs”) filed an action alleging legal malpractice against Alan J. Schmeits, Esq. and the law firm Silven, Schmeits & Vaughan, P.C. (collectively, “Defendants”). Plaintiffs’ claim is based on Defendants’ legal representation of Plaintiffs in an underlying property dispute lawsuit brought in Oregon state court against Plaintiffs by their then-neighbors, Mr. and Mrs. Elms. In the underlying case, Plaintiffs filed counterclaims against Mr. and Mrs. Elms, and the state court entered judgment against the Hamiltons on all claims and counterclaims. The Hamiltons then filed this action, alleging breach of contract and legal malpractice in Oregon state court, which Defendants improperly removed to this Court.1 The Court dismissed Plaintiffs’ breach of contract claim on Defendants’ motion for summary judgment without objection by Plaintiffs.

On September 17, 2013, a jury trial began on Plaintiffs’ claim of legal malpractice. All parties were represented by counsel. After seven days of trial, an eight-person jury unanimously rendered [1261]*1261its verdict on September 25, 2013. In its verdict, the jury answered the question “Were Defendants negligent in one or more of the ways claimed by Plaintiffs?” by responding “Yes.” The jury answered the next question “Was Defendants’ negligence a cause of damages to Plaintiffs?” by responding “No.” Dkt. 331 (Verdict).

DISCUSSION

On September 30, 2013, Plaintiffs, acting pro se,2 filed three motions: (1) Plaintiffs’ Motion for Judgment Notwithstanding the Verdict and Alternative Motion for New Trial (Dkt. 333); (2) Plaintiffs’ Motion for Attorney’s Fees (Dkt. 335); and (3) Plaintiffs’ Motion to Deny Attorney’s Fees to Defendants (Dkt. 334). For the following reasons, all three motions are DENIED.

A. Plaintiffs’ Two Motions Challenging the Jury’s Verdict

Plaintiffs have moved for Judgment Notwithstanding the Verdict, which the Court construes as a Renewed Motion for Judgment as a Matter of Law under Fed.. R.Civ.P. 50(b). Dkt. 333. Plaintiffs also have moved, in the alternative, for a new trial under Fed.R.Civ.P. 59. Dkt. 333. Neither motion has merit.

1. Renewed Motion for Judgment as a Matter of Law

Plaintiffs failed to move for judgment as a matter of law in a timely fashion. Such a motion must be made “before the case is submitted to the jury.” Fed.R.Civ.P. 50(a)(2). Because a motion for judgment as a matter of law was not timely made, Plaintiffs may not now file a “Renewed Motion for Judgment as a Matter of Law.” Fed.R.Civ.P. 50(b). Although this procedural deficiency is sufficient for the Court to deny Plaintiffs’ motion for “judgment notwithstanding the verdict,” which is properly referred to in federal court as a “Renewed Motion for Judgment as a Matter of Law,” the Court will nonetheless explain why Plaintiffs’ motion also fails on the merits. A motion for judgment as a matter of law (or a renewed motion) is only appropriate when “a reasonable jury would not have a legally sufficient evidentiary basis to find for the party” against whom the motion is made. Fed.R.Civ.P. 50(a)(1). In Johnson v. Paradise Valley Unified School Dist., 251 F.3d 1222 (9th Cir.2001), the United States Court of Appeals for the Ninth Circuit stated:

A jury’s verdict must be upheld if it is supported by substantial evidence____ Substantial evidence is evidence adequate to support the jury’s conclusion, even if it is also possible to draw a contrary conclusion from the same evidence.

Johnson, 251 F.3d at 1227 (citation omitted). The Ninth Circuit further explained that a trial court “may not substitute its view of the evidence for that of the jury” and that these are “bedrock principles delineating the trial judge’s limited role in reviewing a jury’s factual findings.” Id.

Because the jury found in favor of Plaintiffs on the question of whether Defendants were negligent, the only relevant question now is whether there was a legally sufficient evidentiary basis for the jury to find against Plaintiffs on the question of whether Defendants’ negligence caused damage to Plaintiffs. In the judgment of this Court, there was evidence adequate to support the jury’s conclusion, even if it is also possible to draw a contrary conclusion.

The jury found that Defendants were negligent in representing Plaintiffs in the [1262]*1262underlying case, although the jury did not explain the basis for this conclusion. The evidence at trial was sufficient to support several alternative theories of liability. First, Defendants may not have sufficiently explained to Plaintiffs what assistance, whether in terms of personal effort or financial support, was expected from Plaintiffs in pursuing their claims against the Elms. Second, Defendants might have been negligent in failing to advise Plaintiffs of a potential option under the Oregon Rules of Civil Procedure to dismiss their personal injury counterclaims against the Elms without prejudice before summary judgment was granted. The evidence at trial supports both of these theories.

The jury, however, ruled against Plaintiffs on the question of causation. According to the jury’s verdict, Plaintiffs did not meet their burden of proving by a preponderance of the evidence that they ultimately would have prevailed on their personal injury dispute against the Elms had Defendants not been negligent. The jury essentially was asked whether, had Defendants handled the situation in the underlying dispute differently, would Plaintiffs eventually have prevailed against the Elms. In this legal malpractice lawsuit, it was the Plaintiffs’ burden to prove that it was more probable than not that, except for Defendants’ negligence, Plaintiffs would have prevailed. According to the jury’s verdict, Plaintiffs did not meet then-burden of proof on this question.

At the jury trial on legal malpractice, Plaintiffs presented evidence that, when viewed in the light most favorable to Plaintiffs, supports Plaintiffs’ personal injury claims against the Elms. On the other hand, Defendants also presented evidence that, when viewed in the light most favorable to Defendants, supports Defendants’ argument that Plaintiffs did not have a meritorious personal injury claim against the Elms. All of this evidence was presented to the jury.

In our system of law, it is for the jury to decide disputed questions of fact, including causation of damage; it is not the role of the trial judge. In this case, both sides received a fair trial, and the jury has spoken. Thus, Plaintiffs’ renewed motion for judgment as a matter of law is without merit. Plaintiffs’ motion is denied.

2. Alternative Motion for New Trial

Regarding a motion for a new trial under Fed.R.Civ.P.

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Bluebook (online)
983 F. Supp. 2d 1259, 2013 WL 5723123, 2013 U.S. Dist. LEXIS 150650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-silven-schmeits-vaughan-pc-ord-2013.