STEWART v. HALL

No. 83-2211.

770 F.2d 1267 (1985)

Stephen M. STEWART, Appellee, v. B. Vandenburg HALL, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 27, 1985.

Rehearing Denied October 25, 1985.


Attorney(s) appearing for the Case

B. Vandenburg Hall, Fairfax, Va., for appellant.

Lewis H. Goldfarb, Alexandria, Va. (Charles M. Rust-Tierney, Hirschkop & Grad, Alexandria, Va., on brief), for appellee.

Before WIDENER and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


WIDENER, Circuit Judge.

Hall, an attorney, appeals from a judgment entered against him after a jury found him liable for legal malpractice and awarded the plaintiff compensatory and punitive damages. Finding that the case was not tried on the proper theory of malpractice and, additionally, that this constituted fundamental error, we vacate the judgment of the district court and remand for a new trial on the proper theory.

The plaintiff sued Hall on the theory...

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