The plaintiff sued its former lawyer's estate and professional corporation for negligence and breach of contract after the lawyer allowed a construction lien to expire by failing to set the action down for trial within two years.
The defendants conceded the breach of the standard of care but disputed causation and damages, arguing the plaintiff failed to mitigate by not enforcing a related judgment and that the property lacked sufficient equity.
The court found the plaintiff did not act unreasonably in relying on the lawyer's advice that the lien was valid.
Assessing the complex evidence on the contaminated property's retrospective value, the court determined there was equity in the property and fixed damages at $472,000.
