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WILLAGE v. LAW OFFICES OF WALLACE & BRESLOW

No. 81-884.

415 So.2d 767 (1982)

Bernard WILLAGE and Phyllis Willage, Appellants, v. The LAW OFFICES OF WALLACE AND BRESLOW, P.A., and Grover Moskowitz, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 16, 1982.

Attorney(s) appearing for the Case

Schwarz & Schiffrin and Norman K. Schwarz, Miami Beach, for appellants.

Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy and Richard A. Sherman, Miami, for appellees.

Before SCHWARTZ, NESBITT and FERGUSON, JJ.

FERGUSON, Judge.

Legal malpractice by plaintiff's attorney cannot be inferred from the fact that a jury returned verdict for defendant in slip and fall case. Without expert testimony, a lay jury could only speculate as to whether an attorney's conscious decision not to call a purported witness constituted negligence, where in the attorney's opinion, the witness on cross examination could have given testimony damaging to plaintiff's case.1

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