Settlements & Verdicts: Professional Liability
Kansas Court of Appeals Affirms Decision by Douglas County District Court

  • Court: Kansas Court of Appeals
  • Attorneys: Daniel F. Church & Rachel E. Rolf

  

The Kansas Court of Appeals recently affirmed the decision by the Douglas County District Court.  The Douglas County District Court had granted summary judgment in the case.

Church and Rolf had previously achieved an entry of summary judgment in an attorney malpractice case alleging negligence in failure to settle an underlying case involving a collection action and antitrust claim.  Summary judgment was entered in this case, before the District Court of Douglas County, Kansas, on the grounds that the attorney did not breach any duty owed to plaintiff to effectuate settlement of the underlying case, because the plaintiff had previously terminated the attorney’s representation.  The District Court also ruled that the plaintiff did not sustain any damages as a result of the alleged negligence of the defendant attorney, because the plaintiff had failed to satisfy any part of the judgment entered against it in the underlying case.