Skiing With Lawyers Can Be Dangerous to Your Appeal

more+
less-

In a rebuke to the ‘blame game,’ the Virginia Supreme Court affirmed a trial court’s decision to kick out a legal malpractice case on summary judgment. In Wintergreen Partners, Inc. v. McGuireWoods, LLP, Wintergreen contended that its former lawyers at McGuireWoods screwed up an appeal.

As noted by the Supreme Court, McGuireWoods “failed to ensure that the trial transcripts were timely filed.” As a result, the Supreme Court dismissed the appeal. (As an aside, this an especially harsh result but one that speaks to the need to follow the rules).

Looking backwards, the underlying case concerned severe injuries sustained by Jessica Grigg when she crashed into a snow groomer as she was skiing at night at Wintergreen Resort. She ended up suing the employees who were transporting the snow groomer and Wintergreen, alleging that they were all negligent. At trial, the jury was given a verdict form that allowed them to consider the fate of each defendant and concluded that only Wintergreen was negligent to the tune of $8.3 million. Wintergreen argued that the verdict was inconsistent because if its employees were not negligent, how could it be deemed to be negligent? The trial court didn’t buy it and the verdict stood. The appeal was made and then dismissed.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sands Anderson PC | Attorney Advertising

Written by:

more+
less-

Sands Anderson PC on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×