Prawer v. Essling

• Decision Date: 04 May 1979
• Docket Number: No. 48732.,48732.
• Parties: Joel PRAWER, Appellant, v. David ESSLING, Respondent, John L. Duffy, Defendant.
• Court: Minnesota Supreme Court

282 N.W.2d 493 (1979)

Joel PRAWER, Appellant, v. David ESSLING, Respondent, John L. Duffy, Defendant.

No. 48732.

Supreme Court of Minnesota.

May 4, 1979.

Robert N. Schlesinger, St. Paul, for appellant.

Larkin, Hoffman, Daly & Lindgren, James P. Miley, and James E. Strother, Minneapolis, for respondent.

Heard before PETERSON, KELLY, and SCOTT, JJ., and considered and decided by the court en banc.

KELLY, Justice.

This appeal arises from a malpractice action brought by plaintiff against his court-appointed counsel, alleging that defendant did not adequately represent him during the commitment hearing. Among the specific allegations of malpractice were the following:

1. Defendant conferred with plaintiff only once, two days prior to the hearing and for only one hour.

2. Defendant did not contact any of the persons suggested by plaintiff who may have been able to provide testimony in plaintiff's behalf.

3. Defendant did not review the plaintiff's medical records prior to the hearing.

4. Defendant did not consult with plaintiff during the course of the hearing and did not even sit next to appellant so as to allow for consultation.

5. Defendant asked few questions and those he did ask were not pursued although they could have been favorably developed.

6. Although specifically asked, defendant did not advise plaintiff of any further legal avenues available to contest the commitment.

Defendant moved for summary judgment claiming both that there were no genuine issues of fact and that he was immune from liability under Minn.St. 253A.21, subd. 2. The trial court granted defendant's motion, ruling that Minn.St. 253A.21, subd. 2, confers immunity on court-appointed attorneys against a claim of malpractice.¹ Although this proposition seems somewhat doubtful, we need express no opinion on it because we affirm the decision of the trial court for another reason. We hold that there are no genuine issues of material fact and that as a matter of law plaintiff did not establish a prima facie case of legal malpractice.

Plaintiff Joel Prawer is a young man who, at the time of his commitment hearing in 1973, was a recent college graduate and had been accepted by the University of Minnesota medical school. On September 25, 1973, pursuant to Minn.St. 253A, plaintiff's mother filed a petition for his commitment to a hospital for psychiatric treatment. This petition was accompanied by a letter from a psychiatrist who had examined plaintiff. By an amended order dated September 28, 1973, defendant Essling was appointed to serve as the plaintiff's attorney and guardian ad litem. Defendant is a private attorney who periodically serves as appointed counsel in judicial commitment proceedings.

The commitment hearing was held on October 3, 1973, after which a judgment was entered by Court Commissioner James F. Finley ordering plaintiff to be committed for a period not to exceed 60 days. Plaintiff was released after 27 days of confinement and subsequently filed this action against his attorney.

A motion for summary judgment should be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law." Rules of Civil Procedure, Rule 56.03. The rule further provides that:

"* * * When a motion for summary judgment is made and supported as provided in Rule 56, an adverse party may not rest upon the mere averments or denials of his pleading but must present specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him." Rule 56.05.

Along with his motion for summary judgment, defendant additionally filed a supporting affidavit stating certain facts that tended to demonstrate justification for the acts and omissions which form the basis of the complaint. At no time did plaintiff attempt to factually controvert any of defendant's allegations. It is apparent therefore that there are no genuine issues of material facts to be resolved here. Thus, we are left on appeal to determine whether or not plaintiff has established, as a matter of law, a prima facie case of attorney malpractice. We answer that question in the negative.

Plaintiff's assertions of attorney malpractice are without support. The fact that defendant did not call or cross-examine certain witnesses is not, without more, sufficient to establish a case of legal malpractice....