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CONKLIN v. WEISMAN

145 N.J. 395 (1996)

678 A.2d 1060

NATHAN CONKLIN; RICHARD CONKLIN; FRANK CONKLIN, III; AUDREY CONKLIN, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF FRANKLIN CONKLIN, DECEASED, PLAINTIFFS-RESPONDENTS, v. HANNOCH WEISMAN, A PROFESSIONAL CORPORATION AND CARLETON R. KEMPH, ESQ., DEFENDANTS-APPELLANTS, AND PAULA HERTZBERG; ELLIOT LEIBOWITZ AND JOEL LEIBOWITZ, INDIVIDUALLY AND D/B/A LONGVIEW ESTATES, A NEW JERSEY GENERAL PARTNERSHIP; THEODORE D. CASSERA, P.E.; CANGER, SCHOOR AND CASSERA INC., A NEW JERSEY CORPORATION, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Laurence B. Orloff argued the cause for appellants (Orloff, Lowenbach, Stifelman & Siegel, attorneys; Mr. Orloff, Linda S. Moore and Adam K. Derman, on the brief).

John B. Collins argued the cause for respondents (Bongiovanni, Collins & Warden, attorneys).

Felice T. Londa submitted a brief on behalf of amicus curiae New Jersey State Bar Association (George W. Canellis, Chairman, New Jersey State Bar Association; Amicus Committee, attorney).

The opinion of the Court was delivered by O'HERN, J.

The primary issue in this legal malpractice action is whether plaintiffs are entitled to a new trial against their lawyer and his law firm based on the trial court's charge to the jury regarding proximate cause. In its original form, that charge would, in essence, have required defendants' negligence to have been the sole cause of the harm to the client for the attorneys to be held liable. The trial of the matter...

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