News and Notable Verdicts

Defense Verdict - Legal Malpractice
Attorneys for Defendant: Ben K. Upp and Jeffrey D. Upp
Type of Action: Negligence—Legal Malpractice
Court: Circuit Court of Greene County, Missouri
Verdict: Defense verdict
Facts and Issues:

Plaintiff alleged he hired Defendant Attorney to file and seek enforcement of four mechanic’s liens in Greene County and Christian County.  Plaintiff alleged that the actions to enforce the mechanic’s liens were dismissed due to Defendant Attorney’s inaction, and, thus, he was prevented from recovering the amounts he alleged he was entitled to under the mechanic’s liens.  As a result, Plaintiff brought suit against Defendant Attorney.  Plaintiff’s initial demand sought $718,929.22.

Representing the Defendant Attorney, Turner Reid attorneys disputed liability, arguing that Plaintiff could not prove causation, in that he could not prove that but for Defendant Attorney’s conduct in the underlying mechanic’s liens actions, Plaintiff would have been able to enforce the liens.  Specifically, Defendant argued that due to procedural missteps in Plaintiff’s own original attempts to obtain and file the mechanic’s liens, the liens were unenforceable, regardless of any action taken or not taken by Defendant.

Judgment was entered in favor of Defendant Attorney and against Plaintiff.