The defendant, a lawyer representing himself, moved for summary judgment to dismiss a solicitor's negligence claim brought by his former clients.
The plaintiffs alleged the defendant failed to communicate court orders and allowed their underlying personal injury action to be administratively dismissed for delay.
The defendant argued the negligence claim was premature because the administrative dismissal could still be set aside.
The court dismissed the summary judgment motion, finding a genuine issue for trial existed because it was uncertain whether a motion to set aside the dismissal would succeed and the plaintiffs had alleged other acts of negligence.
