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July 2011

The Voice Features Summary Judgment Victory by John Palmeri and Heather Kelly in Professional Malpractice Case

Denver Partner John Palmeri and associate Heather Kelly were featured in the July 20 issue of The Voice, DRI's weekly electronic newsletter, on their successful defense of a summary judgment victory on behalf of a Denver law firm in a professional malpractice case.

The Plaintiff alleged that Gordon & Rees's client committed legal malpractice by failing to timely disclose an appraisal in an underlying condemnation case.  During the initial trial, Gordon & Rees presented expert testimony arguing that, apart from the question of timeliness, the appraisal was inadmissible. The jury returned a general verdict in favor of the client.

The Plaintiff appealed on the basis that the trial court had erred in failing to decide if the appraisal was admissible as a matter of law and by admitting expert testimony on the appraisal's admissibility.  The Colorado Court of Appeals reversed and remanded the case, and ordered the parties to brief the admissibility of the appraisal. 

Gordon & Rees submitted briefing and evidence which supported the position that the appraisal was inadmissible due to project influence and other factors, separate and apart from timeliness.  The trial court agreed, and granted Gordon& Rees's motion for summary judgment in favor of the firm's client, concluding that the plaintiff could not establish causation in support of the legal malpractice claim.  The Colorado Court of Appeals affirmed the trial court's grant of summary judgment in all respects. 

Please click here to read the article.

John M. Palmeri