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Sam B. Franklin and Keith J. Kuhn won summary judgment of dismissal of all claims in Tahraoui v. Kogut, a legal-malpractice case. Plaintiff was the unsuccessful tenant-defendant in a protracted wrongful-detainer action. After losing that case, the tenant sued his attorney for negligently failing to assert the proper substantive law. The court rejected that allegation on its merits and ruled that the attorney had raised all significant arguments that he could have raised in the underlying unlawful-detainer case.

Jeffrey P. Downer and Keith Kuhn won summary judgment in Won Corp. v. Catalyst Commercial Partners. Claiming damages in both contract and tort, the plaintiff, a Korean-style restaurant franchise, sued its landlord for failure to transfer a premises lease in a timely manner. Plaintiff alleged business losses on the sale of one of its restaurants. Jeff and Keith’s client had acted as the landlord’s real estate broker for the purpose of negotiating the lease transfer. The court agreed that there was no basis to claim breach of contract or any tort claims against the broker.

Jeff Downer and Peter E. Sutherland won partial summary judgment in Maislen v. Bernier, which involved a severe auto accident in which plaintiff suffered numerous serious injuries and incurred $200,000 in medical bills. Plaintiff alleged cognitive impairment from brain damage that he claimed to have sustained in the accident. However, plaintiff lacked medical testimony that attributed his cognitive difficulties to any injuries he suffered in the accident. The court agreed with Jeff and Peter that such medical testimony was necessary to prove causation and dismissed that part of the case. Plaintiff moved for reconsideration, and the court denied that motion also.

The Lee Smart Quarterly is a publication of the law offices of Lee Smart, P.S., Inc. for clients and others. It is intended as general information only and is not to be construed as legal advice. You should consult an attorney if you have any specific legal questions.

Editor: Jeffrey P. Downer	Eml: jpd@leesmart.com
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