Legal Malpractice - Summary Judgment Dismissal
A doctor was sued in Lafayette for alleged malpractice in installing a lead to a pacemaker, resulting in repeat surgeries and continuing problems for the plaintiff, along with a severe back injury allegedly sustained when the patient fainted. The doctor filed a summary judgment motion that the plaintiff’s lawyer allegedly did not properly defend. The motion was granted, dismissing the client’s malpractice suit. The plaintiff then sued his attorney for malpractice. Mr. Cherry, with two well-placed depositions, established a basis for challenging the causation of the need for replacement of the failing lead, and moved successfully for summary judgment on the merits of the case within the case. The court agreed, and dismissal of the malpractice suit was granted with prejudice.