ALEXANDER v. TURTUR & ASSOCIATES, INC.

No. 02-1009.

146 S.W.3d 113 (2004)

Tom ALEXANDER, Individually, and Alexander & McEvily, Petitioners, v. TURTUR & ASSOCIATES, INC., Mario Turtur, Steve Turtur, and the Turtur Family Partnership, Respondents.

Supreme Court of Texas.

Decided August 27, 2004.

Rehearing Denied November 5, 2004.


Attorney(s) appearing for the Case

Ronald D. Krist, Krist Law Firm, P.C., Houston, for amicus curiae.

Gwen J. Samora, Marie R. Yeates, Jennifer H. Davidow, Vinson & Elkins, L.L.P., Houston, for Petitioners.

Valorie W. Davenport, Davenport Legal Group, Levon G. Hovnatanian, Bruce Edwin Ramage, Kevin Graham Cain, Dale Jefferson, Martin Disiere Jefferson & Wisdom, L.L.P., Daryl L. Moore, Storey Moore & McCally, P.C., Houston, for Respondents.


Chief Justice PHILLIPS delivered the opinion of the Court.

The principal issue in this legal malpractice case is whether the jury needed expert testimony to determine whether the client would have prevailed in an underlying trial but for its attorneys' alleged negligence in preparing and trying the case. The trial court concluded that the jury needed such guidance to determine causation. There being none, the court disregarded the jury's findings on causation and...

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