Wachovia certificate of deposit

Professional negligence

ATLA's Professional Negligence Law Reporter includes a broad range of professional liability cases. Here are examples of the kinds of cases appearing in each issue of PNLR

BANKING

Bank that permitted mentally incapacitated depositor to directly redeem CD could be liable

A Georgia appellate court held that a bank could be liable to a mentally incapacitated depositor's attorney-in-fact where it allowed the depositor to directly redeem a certificate of deposit (CD) that was later stolen by a third party. Nancy Gentry-Lanier, Augusta, Ga., represented plaintiff.

Wachovia Bank of Ga. v. Reynolds, - S.E.2d _, No. A00A0740, 2000 WL 374950 (Ga. Ct. App. Apr. 12, 2000).

CONSULTING FiRm

Possible liability for legal negligence

A Colorado appellate court held a consulting firm that had a joint venture with a law firm could be vicariously liable to a party suing the law firm for professional negligence. *Gerald P. McDermott and *William J. Hansen, both of Denver, Colo., represented plaintiff

Bebo Constr. Co. v. Mattox & O'Brien, PC., 998 P.2d 475 (Colo. Ct. App. 2000).

DENTISTRY

Negligent burning of child

Verdict for a child who suffered facial burns while undergoing a dental procedure at a hospital. Her mother, on her behalf, sued the attending dentist, alleging that the burn resulted from either (1) acid dripping onto the child's face during the procedure or (2) application of a surgical instrument that was too hot. *Robert J. Haddad, Virginia Beach, Va., represented plaintiff.

Boyd v. Mourino, Va., City of Richmond Cir. Ct., No. LE1206-3, Mar. 31, 2000.

LAW

Attorney owed no duty to beneficiaries of client's will The Massachusetts Supreme Judicial Court held that an attorney was not liable to the beneficiaries of a client's will. Miller v. Mooney, 725 N.E.2d 545 (Mass. 2000).

Inadequate prelitigation settlement

Settlement on behalf of the former clients of an attorney who negotiated a prelitigation settlement in a case arising out of a highway collision. Suit alleged negligence, breach of fiduciary duty, and conversion. Among other things, plaintiffs claimed defendant had failed to conduct adequate discovery. *Andrew S. Albert and *Joel IL.Wohlfeil, both of San Diego, Cal., represented plaintiffs.

Doe v. Roe, Cal., Los Angeles County Super. Ct., confidential docket number, Mar. 29,2000.

NURSING HomE

Resident abuse

Verdict, including punitive damages, for a woman who suffered numerous violations, including sexual assault and beatings by fellow nursing home residents. Her son, on behalf of her estate, sued the nursing home operator, alleging violations of the woman's rights, and negligence. Among other things, plaintiff charged that defendant had failed to prevent violent residents from abusing fellow residents. *Kenneth L. Connor and *Scott E. Gwartney, both of Tallahassee, Fla., represented plaintiff.

Collins v. Beverly Enters. -Fla., Inc., Fla., Taylor County Cir. Ct., No. 98-433-CA, Mar. 31, 2000.

Improper staffing

Settlement for a woman who allegedly fell about 10 times while living at a nursing home during a five-month period. One fall resulted in a subdural hematoma, requiring surgery. She sued the home, alleging improper staffing and supervision. *John E. Leighton and *Thomas B. Scolaro, both of Miami, Fla., represented plaintiff.

Johnson v. Key West Convalescent Ctr, Inc., Fla., Monroe County Cir. Ct., No. 99-244 CA 11, Dec. 1999.

.PSYCHOTHERAPY

Psychiatry expert absolutely immune from suit alleging conspiracy to present perjured trial testimony

The Ninth Circuit Court of Appeals held that a psychiatrist who testified on the subject of childhood trauma at a murder trial was absolutely immune from liability in a subsequent suit alleging conspiracy to present perjured testimony in the first trial.

Franklin v. Terr, 201 EM 1098 (9th Cir. 2000).

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