# Christy v. Saliterman

> Supreme Court of Minnesota · August 7, 1970 · 288 Minn. 144

URL: https://www.frixlaw.com/law-library/cases/9687934

## Case

- **Full name:** Charles Lawrence Christy v. Samuel Saliterman
- **Court:** Supreme Court of Minnesota
- **Decided:** August 7, 1970
- **Citations:** 288 Minn. 144; 179 N.W.2d 288; 1970 Minn. LEXIS 1001
- **Precedential status:** Published
- **Opinion:** Dissent by Rogosheske
- **Judges:** Murphy, Rogosheske, Otis, Kelly
- **Cited by:** 96 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9687934

## How later opinions describe it (automated extraction)

- holding that legal malpractice plaintiff must demonstrate that but for attorney’s negligence, plaintiff had an underlying, recoverable claim
- rejecting Sitton, 385 F.2d 869

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9687934. Public record. Not legal advice.