Opinion

Christy v. Saliterman

  • 288 Minn. 144
  • 179 N.W.2d 288
  • 1970 Minn. LEXIS 1001
Court
Supreme Court of Minnesota
Filed
Aug 7, 1970
Status
Published
Author
Rogosheske
On the bench
Murphy, Rogosheske, Otis, Kelly
Cited by
96 cases
Authority
More cited than 8.4%

holding that legal malpractice plaintiff must demonstrate that but for attorney’s negligence, plaintiff had an underlying, recoverable claim

How later courts described this case

  • holding that legal malpractice plaintiff must demonstrate that but for attorney’s negligence, plaintiff had an underlying, recoverable claim
  • in legal malpractice action, plaintiff had burden of proving both that the attorney negligently permitted the statute of limitations to extinguish plaintiff's claim and that plaintiff could have recovered on that claim
  • rejecting Sitton, 385 F.2d 869
  • psychiatrist, not board certified, permitted to testify

Written by the judges who cited it.

The opinion

Rogosheske, Justice

(dissenting).

Although I agree that the verdict is excessive, I believe the better procedure in a case such as this, where the trial court found an evidentiary foundation for the award and has not directly passed upon a specific request for a reduction, is to remand with directions to the trial court to determine the amount of the remittitur, as I previously have urged in Auger v. Rofshus, 267 Minn. 87, 94 , 125 N. W. (2d) 159, 164 . Cf. Soltis v. Geary, 287 Minn. 19 , 176 N. W. (2d) 633 .

MR. Justice Otis took no part in the consideration or decision of this case.

Mr. Justice Kelly, not having been a member of this court at the time of the argument and submission, took no part in the consideration or decision of this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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