Justice Eileen Rakower
In this action for legal malpractice from defendants’ representation of plaintiffs in a medical malpractice action, plaintiffs moved for partial summary judgment on the issue of negligence/liability against defendants for legal malpractice. Plaintiffs argued defendants caused an underlying medical malpractice action to be dismissed with prejudice due to their failure to comply with New Jersey’s Affidavit of Merit statute. Defendants cross-moved for summary judgment dismissing plaintiffs’ amended complaint. The court noted plaintiffs’ expert asserted defendants departed from good and accepted legal practices. Defendants argued the court’s dismissal of plaintiff’s claim was unprecedented and could not be anticipated. The court stated the parties’ conflicting expert affidavits regarding if defendants were negligent in failing to exercise a degree of care and skill commonly used by a member of the legal community precluded summary judgment, denying plaintiffs’ motions. It also ruled defendants failed to establish prima facie that plaintiffs did not establish proximate cause, or plaintiffs’ claims defendants were negligent in limiting plaintiffs’ recovery. Thus, defendants’ cross-motion was denied.
