Rivers v. Moore
Decision Date | 28 July 2010 |
Docket Number | Case Number: S-09-0048 |
Citation | 2010 WY 102 |
Parties | FRANKLIN M. RIVERS, JR., M.D., Appellant (Plaintiff), v. MOORE, MYERS & GARLAND, LLC; a Wyoming Limited Liability Company; JOSEPH F. MOORE, JR.; GLENN M. FORD; and ABIGAIL S. MOORE, Appellees (Defendants). |
Court | Wyoming Supreme Court |
Representing Appellant: Eldon E. Silverman of Preeo, Silverman, Green & Egle, P.C., Denver, Colorado
Representing Appellees: W.W. Reeves and Anna Reeves Olson of Park Street Law Office, Casper, Wyoming. Argument by Mr. Reeves.
Appeal from the District Court of Teton County
The Honorable Dennis L. Sanderson, Judge
Before KITE, C.J*., GOLDEN, HILL, and BURKE, JJ., and KAUTZ, D.J.
[ 1]Franklin M. Rivers, Jr., M.D., (Rivers) filed a complaint against the law firm of Moore, Myers & Garland, LLC, (the Firm) alleging legal malpractice in the Firm s representation of him in his purchase of property on which he planned to construct a medical office building.Among the damages Rivers alleged were expectancy damages, the difference between the value of the larger building Rivers planned to build and the smaller building he was ultimately permitted to build under the property s restrictive covenants.Rivers appeals the district court s entry of summary judgment against him on his claim that the Firm s breach of its duty to competently represent him was the proximate cause of the alleged expectancy damages.We affirm.
[ 2]Rivers presents the following issues on appeal:
[ 3]Rivers is a medical doctor who in 2004 was practicing emergency and family medicine in Jackson, Wyoming.In December 2004, Rivers authorized a business acquaintance, G. Anthony Morse (Morse), to locate and negotiate the purchase of property on which Rivers could build a medical office building.In late January 2005, Rivers asked Joseph F. Moore, Jr., who had both a personal and professional relationship with Rivers, to provide legal advice on the property acquisition and development.Mr. Moore agreed to help Rivers but informed him that because he was too busy with other matters, he would assign other members of the firm to work with Rivers.
[ 4]Ultimately, Rivers purchased property known as Lot 7 in Smith s Plaza, Jackson, Wyoming.Rivers purchased the property with the intention of building a 10, 000 square foot building, but in the end, because of size restrictions in the property s restrictive covenants, he was able to build only an approximately 5, 000 square foot building.Rivers completed the 5, 000 square foot building, but he claimed that he would not have purchased the property at all if he had understood the building limitation.
[ 5]On March 14, 2007, Rivers filed a Complaint against the Firm, alleging legal malpractice and breach of contract.Among the damages Rivers sought were delay damages and damages for the difference in the value of the building he was able to construct and the 10, 000 square foot building he had hoped to construct.In his Complaint, Rivers averred, in relevant part:
To continue reading
Request your trial-
Bogdanski v. Budzik
...the opinions would not be admissible at trial and were insufficient to establish a genuine issue of material fact. Rivers v. Moore, Myers & Garland, LLC , 2010 WY 102, ¶¶ 23-24, 236 P.3d 284, 293 (Wyo. 2010) (expert's bald assertion of an opinion, unsupported by foundational facts, is inadm......
-
Dockter v. Lozano
...2002 WY 43, ¶ 40, 42 P.3d 1013, 1026 (Wyo. 2002); Rino v. Mead, 2002 WY 144, ¶¶ 15-20, 55 P.3d 13, 18-20 (Wyo. 2002); Rivers v. Moore, Myers & Garland, 2010 WY 102, ¶ 13, 236 P.3d 284, 291 (Wyo. 2010).[¶11] These cases can be reconciled by examining the elements of legal malpractice. In mos......
-
Gumpel v. Copperleaf Homeowners Ass'n, Inc.
...that lacks foundation and specific supporting facts is inadequate for purposes of opposing a summary judgment motion.Rivers v. Moore, Myers & Garland , 2010 WY 102, ¶ 22, 236 P.3d 284, 291 (Wyo. 2010).[¶89] The cited affidavit evidence is insufficient to establish that hiking and riding tra......
-
Gowdy v. Cook
...of the standard of care harmed the plaintiff. Tozzi v. Moffett, 2018 WY 133, ¶ 36, 430 P.3d 754, 764 (Wyo. 2018) ; Rivers v. Moore, Myers & Garland, LLC, 2010 WY 102, ¶ 12, 236 P.3d 284, 290-91 (Wyo. 2010). Regarding the standard of care, an attorney is required to exercise the degree of " ......