CHARLES REINHART CO. v. WINIEMKO

Docket Nos. 94990, 94991, (Calendar No. 7).

444 Mich. 579 (1994)

513 N.W.2d 773

CHARLES REINHART COMPANY v. WINIEMKO

Supreme Court of Michigan.

Decided March 1, 1994.


Attorney(s) appearing for the Case

Davis & Fajen, P.C. (by Peter A. Davis and Nelson P. Miller), for the plaintiff.

Plunkett & Cooney, P.C. (by Christine D. Oldani and Mary Massaron Ross), for the defendant.

Amici Curiae:

Dickinson, Wright, Moon, Van Dusen & Freeman (by Robert W. Powell) for Michigan Defense Trial Counsel.

Collins, Einhorn, Farrell & Ulanoff, P.C. (by Noreen L. Slank), for Michigan Lawyers Mutual.


RILEY, J.

At issue in the instant case is whether proximate cause in a legal malpractice action alleging negligence during an appeal is an issue of law reserved for the court or an issue of fact reserved for the jury. More specifically, we are presented with the question whether a court or a jury should determine whether the underlying appeal would have been successful. We hold that the issue is reserved to the court because whether an appeal would have been successful...

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