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CITY OF McCALL v. BUXTON

No. 34609.

201 P.3d 629 (2009)

CITY OF McCALL, a municipal corporation, Plaintiff-Appellant, v. Susan E. BUXTON; Moore, Smith, Buxton & Turke Chartered, a professional service corporation; William A. McCurdy; and Brassey, Wetherell, Crawford & Garrett, a limited liability partnership, Defendants-Respondents.

Supreme Court of Idaho, Boise, November 2008 Term.

January 22, 2009.

Attorney(s) appearing for the Case

Ellis, Brown & Sheils, Chartered, Boise, and Strother Law Office, Boise, for appellant. Jeffrey Strother argued.

Hawley Troxell Ennis & Hawley LLP, Boise, for respondents Susan E. Buxton and Moore, Smith, Buxton & Turke Chartered. Craig Meadows argued.

Elam & Burke, P.A., Boise, for respondents William A. McCurdy and Brassey, Wetherell, Crawford & Garrett. Jeffrey Thomson argued.

EISMANN, Chief Justice.

This is an appeal from a judgment dismissing an action for legal malpractice on the ground that it was barred by the statute of limitations. We hold that for two of the claims, there was not objective proof of damage to start the running of the statute of limitations until the jury verdict in the case in connection with which the malpractice allegedly occurred.

I. FACTS AND PROCEDURAL HISTORY

On May 11, 2000, the City of McCall...

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