The Utah Court of Appeals reversed a lower court ruling dismissing a legal malpractice case under a safe harbor provision, and instead held that the attorney owed his client a duty of reasonable diligence to safeguard funds she received from a settlement.

According to the opinion, Kylie Nielson was injured in May 2014 when she tripped and severely injured her ankle in May 2014 during a school safety demonstration. Her parents, Andrew and Camille Nielsen, retained L. Miles LeBaron and his law firm, LeBaron & Jensen, to bring a personal injury actions against the school district on Kylie’s behalf. The case settled for $100,000.