PATEREK v. PETERSEN & IBOLD

Nos. 2006-1811.

118 Ohio St.3d 503 (2008)

2008-Ohio-2790

PATEREK, EXR., Appellee, v. PETERSEN & IBOLD ET AL., Appellants.

Supreme Court of Ohio.

Decided June 18, 2008.


Attorney(s) appearing for the Case

Plevin & Gallucci, Edward Fitzgerald, and Leon M. Plevin; and Paul W. Flowers Co., L.P.A., and Paul W. Flowers, for appellee.

Weston Hurd, L.L.P., Timothy D. Johnson, and Gregory E. O'Brien, for appellants.

Zavarello & Davis Co., L.P.A., and Rhonda Gail Davis, urging affirmance for amicus curiae Ohio Academy of Trial Lawyers.

Reminger & Reminger Co., L.P.A., Nicholas D. Sattullo, and Joseph W. Borchelt, urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Gallagher Sharp, Alan M. Petrov, Timothy J. Fitzgerald, and Monica A. Sansalone, urging reversal for amicus curiae Minnesota Lawyers Mutual Insurance Company.

Janik, Dorman & Winter, L.L.P., Steven G. Janik, Jason Winter, and Daniel A. Scharf, urging reversal for amicus curiae American Guarantee and Liability Insurance Company.


PFEIFER, J.

{¶ 1} We hold today that in an attorney-malpractice case, proof of the collectibility of the judgment lost due to the malpractice is an element of the plaintiff's claim against the negligent attorney.

Factual and Procedural Background

{¶ 2} This is an attorney-malpractice case involving the mishandling of a personal-injury claim. On...

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