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Keywords

settlementplaintiffattorneylawyernegligencetestimonypleamalpracticelegal malpractice

settlementplaintiffattorneylawyertrialpleamalpracticelegal malpractice

Related Cases

Tarrant v. Ramunno, 171 A.3d 138 (Table), 2017 WL 3725068

Facts

Chanel Tarrant filed a complaint against her former attorney, Lawrence Ramunno, in the Court of Common Pleas, alleging legal malpractice after a personal injury case was settled in 2014. Tarrant claimed that Ramunno did not adequately explain the settlement documents, which led her to believe she would receive a higher compensation than what was actually settled. The Court of Common Pleas dismissed her complaint, stating that Tarrant had not shown that Ramunno neglected his professional obligations or that she suffered a resulting loss from the settlement.

Tarrant filed her complaint in the Court of Common Pleas on April 6, 2016, alleging legal malpractice against her former attorney, Lawrence Ramunno. Ramunno had represented Tarrant in a personal injury action that was settled on April 7, 2014.

Issue

Did Tarrant's complaint adequately allege a claim for legal malpractice against Ramunno?

Rule

To state a claim for legal malpractice, a plaintiff must allege and prove the employment of a lawyer, the lawyer's neglect of a professional obligation, and resulting loss. Expert testimony is required to substantiate a claim of legal malpractice.

To state a claim for legal malpractice, a plaintiff must allege and prove the following elements: (a) the employment of a lawyer, (b) the lawyer's neglect of a professional obligation, and (c) resulting loss.

Analysis

The court analyzed whether Tarrant's allegations met the necessary elements for a legal malpractice claim. Even if Tarrant's claims about Ramunno's failure to explain the settlement documents were accepted, the court found that she did not allege any resulting loss from this alleged negligence. Tarrant's assertion that her underlying personal injury claim would have been successful but for Ramunno's actions was deemed insufficient, leading to the conclusion that her complaint failed to state a valid claim.

Even if we accept Tarrant's allegation that Ramunno failed in his duties to her by failing to adequately explain the terms of the settlement documents that she signed, her complaint failed to allege any resulting loss.

Conclusion

The court affirmed the dismissal of Tarrant's complaint, concluding that she did not establish a claim for legal malpractice due to the lack of evidence of resulting loss.

We find no legal error in the Court of Common Pleas' dismissal of her complaint.

Who won?

Lawrence Ramunno prevailed in the case because the court found that Tarrant's complaint did not meet the necessary legal standards to establish a claim for legal malpractice.

The trial court found that Tarrant had simply had a change of heart about the amount for which she agreed to settle her case.

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