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ANDREWS v. SAYLOR

No. 22,694.

80 P.3d 482 (2003)

134 N.M. 545

2003-NMCA-132

Deborah ANDREWS, Plaintiff-Appellant, v. Richard SAYLOR, as Personal Representative of the Estate of Susan J. Scarborough, deceased, the Albuquerque Law Clinic, and Bruce W. Barnett & Associates, P.A., Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 4, 2003.

Attorney(s) appearing for the Case

Daymon B. Ely, Law Offices of Damon B. Ely, Albuquerque, NM, for Plaintiff-Appellant.

R. Nelson Franse, John M. Brant, Charles K. Purcell, Charles Vigil, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendants-Appellees.

Certiorari Denied, No. 28,319, November 4, 2003.

OPINION

ALARID, Judge.

{1} This case presents us with a question of first impression concerning proximate cause in legal malpractice cases: does the judge or the jury decide whether an attorney's failure to appeal was a proximate cause of injury to the client? We hold that questions of proximate cause in legal malpractice cases are to be treated as questions of fact for the factfinder—...

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