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eBook details

• Title: Pizel v. Zuspann
• Author : Supreme Court of Kansas
• Release Date : January 13, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

The opinion of the court was delivered by This is a legal malpractice action brought by the potential
beneficiaries of an inter vivos trust of Charles Pizel, deceased,
against the defendants, attorneys Eugene P. Zuspann and B.E.
Whalen. Prior to trial, defendant Zuspann's motion for summary judgment
was granted. Plaintiffs appeal this decision. The claims against
defendant Whalen proceeded to a seven-day jury trial. The jury
assessed fault at 60% to the appellants and Charles Pizel, 35% to
defendant Whalen, and 5% to defendant Zuspann. Damages of
$204,550 were awarded to appellants, which were reduced to the
percentage of fault of Whalen, resulting in a judgment totaling
$71,592.50. The trial court overruled plaintiffs' post-trial
motions, from which plaintiffs appeal. The defendants
cross-appealed the district court's ruling that nonclients may
sue for negligence and that the claims were not barred by the
statute of limitations. This court granted defendants' motion to
transfer to the Supreme Court for final disposition pursuant to
Supreme Court Rule 8.02 (1989 Kan. Ct. R. Annot. 39) on March 27,
1989.

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