FIRM PARTNER OBTAINS A DEFENSE VERDICT IN A LEGAL MALPRACTICE
CASE
Firm partner, Michael S. Saltzman,
obtained a defense verdict in a New Jersey legal malpractice case in the Superior
Court of New Jersey's Law Division. A New Jersey appeals court has recently
confirmed that defense verdict.
The malpractice action plaintiffs, who were businessmen, alleged inadequate
legal defense during the underlying trial in an action brought against them
by disgruntled investors in a business venture that failed. After a one week
trial in the malpractice case, the jury found in favor of the Firm's
clients, defendant lawyer and his law firm.
On appeal, the businessmen-plaintiffs alleged that the trial court erred in
denying their request to change venue, and further erred by purportedly abusing
its discretion when it granted the defense motion barring plaintiffs from introducing
evidence of defendant lawyer's medical condition. The defendant lawyer
suffered from sleep apnea which forced him to request a continuance of the
underlying case.
The trial court held that there was no basis for the request to change venue
simply because defendant's law practice was located in the county where
the lawsuit was brought. In addition, the court held that there was no relevance
to the lawyer's medical condition as there was no evidence that it affected
his trial performance. The Appellate Division of New Jersey's Superior
Court recently affirmed the jury's verdict for the Firm's clients.