ROWLETT v. FAGAN

(CC 090101006; CA A146351; SC S062451).

369 P.3d 1132 (2016)

358 Or. 639

Gerald L. ROWLETT, an individual; Westlake Development Company, Inc., an Oregon corporation; and Westlake Development Group, LLC, an Oregon limited liability company, Respondents on Review, v. David G. FAGAN, an Oregon resident; James M. Finn, an Oregon resident; and Schwabe Williamson & Wyatt, PC, an Oregon professional corporation, Petitioners on Review.

Supreme Court of Oregon.

Decided March 3, 2016.


Attorney(s) appearing for the Case

Christopher T. Carson , Kilmer, Voorhees & Laurick, P.C., Portland, argued the cause for petitioners on review. Stephen C. Voorhees filed the brief. With him on the brief was Candice R. Broock.

David W. Melville , The Law Offices of David Melville, Portland, argued the cause and filed the brief for respondents on review. With him on the brief was Katherine R. Heekin , The Heekin Law Firm, Portland.

Scott A. Shorr , Stoll Stoll Berne Lokting & Shlachter PC, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Janet M. Schroer , Hart Wagner LLP, Portland, filed the brief for amicus curiae Professional Liability Fund. With her on the brief was Matthew J. Kalmanson.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LANDAU, BALDWIN, and BREWER, Justices.


Rowlett and his two companies, Westlake Development Company, Inc., and Westlake Development Group, LLC (plaintiffs), filed an action for malpractice against the law firm Schwabe, Williamson, and Wyatt, PC, (Schwabe) and lawyers Fagan and Finn (collectively, defendants), alleging claims for negligence, negligent misrepresentation, breach...

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