Grimm v. Fox
Annotate this CaseDefendants, an attorney and a law firm, represented Plaintiff Robert Grimm in an action to dissolve Grimm's marriage. Plaintiff subsequently brought a legal malpractice action against Defendants. The trial court granted Defendants' motion for judgment because Plaintiff had not disclosed an expert when one was required and, therefore, could not establish a prima facie case for legal malpractice as to Defendants' breach of the standard of care. The Supreme Court affirmed the judgment of the trial court, holding that the trial court did not abuse its discretion in (1) determining that the critical statements concerning Defendants made by the Court in its opinion affirming the underlying divorce action were not sufficient expert evidence of Defendants' malpractice; and (2) considering Defendants' motion for judgment the day after the motion was filed and the day before jury selection began in order to avoid the delay and expense of a trial in which Plaintiff could not present any evidence to support his claim.
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