Stating a cause of action sounding in legal malpractice.

Practice point: Plaintiff alleged that she was injured when she was struck in the neck by a piece of lumber; that defendant was negligent in urging her to settle the underlying personal injury action, and in advising her that an MRI was not necessary and that its results would not lead to a more favorable outcome of her case; that, after settling the case for $20,000, she obtained an MRI showing a disc herniation that required surgical intervention; that she remains permanently disabled; that defendant's negligence proximately caused her to sustain damages by not gaining the fair value for her case; and that she would have been successful in the underlying action had defendants exercised due care. These allegations were sufficient to state the claim.

Student note: Plaintiff was not required to show a likelihood of success in the underlying action, but was required only to plead facts from which it could reasonably be inferred that defendant's negligence caused her loss.

Case: Polanco v. Greenstein & Milbauer, LLP, NY Slip Op 04385 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Remedies for an attorney discharged without cause.