legal malpractice – the trial within a trial

On September 17, 2014, the Miss.S.Ct granted an interloc. in the legal malpractice case of Robert Germany v. Ashley Janae Stowers.    

Rodney Stowers was a football player at MSU when he broke his leg during a game in 1991.  Two days later he underwent surgery to install a rod in his leg.  Three days after the surgery, he died from fat embolism syndrome.  His family hired Robert Germany to file a med. mal./wrongful death lawsuit and he did so in Lowndes County in October 1993.  It was dismissed in 2008 for failure to prosecute. On appeal, the Court of Appeals affirmed the dismissal.  Shepard v. Prairie Anesthesia Assoc.’s, 86 So.3d 922 (Miss.App).  After cert. was denied, the heirs filed suit against their lawyer.    The plaintiffs filed a motion for partial summary judgment on the issue of breach of fiduciary duty which the court granted.  In the order, the court noted that “Plaintiffs are not required to prove in order to recover wrongful death damages for breach of fiduciary duty in this case that 1) they would have prevailed in the medical malpractice wrongful death case.”    

Petition for Interloc. 

Sept. 17, 2014 order granting interlocutory appeal

The case is stayed pending the appeal.  The transcript is due at the end of November.

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