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Keywords

contractbreach of contractplaintiffdamagesattorneynegligencetrialmalpractice

Related Cases

Quick v. Samp, 697 N.W.2d 741, 2005 S.D. 60

Facts

Russ J. Quick and ZR Consulting, Inc. brought a malpractice action against their former attorney, John Burke, alleging negligence and fraud related to a forged document used in a prior breach of contract suit. Quick, as the president of ZR Consulting, retained Burke to sue Freshway, but Burke mistakenly named Quick as the plaintiff. To correct this, Burke forged a document backdated to 1994, which Quick was aware of but did not disclose during the trial. After the forgery was revealed, Quick settled the case for less than he sought and subsequently filed this malpractice action.

Issue

Whether Quick was barred from recovering damages due to his participation in the wrongful conduct under the doctrine of in pari delicto.

Rule

The doctrine of in pari delicto precludes a plaintiff from recovering damages if they have participated in wrongdoing related to their claim.

Analysis

The court applied the in pari delicto doctrine, determining that Quick's involvement in the forgery disqualified him from recovery. Quick's actions were deemed obviously wrongful, and he could not claim that he was on unequal footing with Burke, as he was fully aware of the fraudulent nature of the document. The court found that Quick's damages were proximately caused by his own conduct, thus barring his claims.

The court applied the in pari delicto doctrine, determining that Quick's involvement in the forgery disqualified him from recovery.

Conclusion

The court affirmed the trial court's decision, concluding that Quick was in pari delicto with Burke and could not recover damages for either the fraud or negligence claims.

Who won?

Burke's estate prevailed because the court found that Quick's own wrongful conduct barred him from recovery.

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