Pincus v. Dubyak

Citations

• 2024 Ohio 5390

Syllabus

Legal malpractice; power of attorney; saving statute; motion for summary judgment; standing; privity; malice; de novo review; R.C. 2305.11; receiver; damages; proximate cause; duty. The trial court erred in granting summary judgment in favor of appellee on claims for legal malpractice. Appellant was able to establish that she had an attorney-client relationship with appellee so that the refiling of her complaint was not untimely. Questions of fact remain whether appellee breached his professional duty to appellant and whether appellee's decision not to file a motion to appoint a receiver were the proximate cause of appellant's damages. Appellant did not contest the trial court's grant of summary judgment on her deceased husband's claims; therefore, the grant of summary judgment as to those claims is affirmed.