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FITZGERALD v. LINNUS

765 A.2d 251 (2001)

336 N.J. Super. 458

Estate of Craig FITZGERALD, by Joan Fitzgerald, Executrix of the Estate of Craig Fitzgerald and Joan Fitzgerald, individually, Michelle Young, Colleen Fitzgerald, and Brian Fitzgerald, by his Guardian ad Litem, Joan Fitzgerald, individually, Plaintiffs-Appellants, v. Francis P. LINNUS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 2001.

Attorney(s) appearing for the Case

James Hely, Mountainside, argued the cause, for appellants (Weiseman, Hely, Digioia & Boyle, attorneys; Mr. Hely, on the brief).

Michael D. Mezzacca, New Providence, argued the cause, for respondent (Fitzpatrick, Reilly, Supple & Gaul, attorneys; Mr. Mezzacca, on the brief).

Before Judges BAIME, WALLACE, Jr. and CARCHMAN.

The opinion of the Court was delivered by CARCHMAN, J.A.D.

Following the untimely death of her husband, plaintiff Joan Fitzgerald (Joan) retained the legal services of defendant Francis P. Linnus. The nature of that representation and the duties imposed upon defendant generate the issues in this appeal. Plaintiffs assert that defendant owed a duty not only to Joan, but to her children, plaintiffs Michelle Young, Colleen Fitzgerald and Brian Fitzgerald

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