Thompson v. D'Angelo
| Decision Date | 07 November 1973 |
| Citation | 312 A.2d 639 |
| Parties | Charles C. THOMPSON, Sr., Administrator of the Estate of Charles C. Thompson, Jr., Plaintiff, v. James P. D'ANGELO and Harvey Porter, Defendants. |
| Court | Delaware Superior Court |
Charles C. Thompson, Jr. was killed in a two-car automobile accident in the State of Pennsylvania on March 15, 1969. The driver and owner of the other car were residents of Pennsylvania. In the car with the deceased at the time of the accident was Charlotte A. Yates who was injured and who subsequently delivered a son on July 31, 1969. She named her son Charles C. Thompson, III and now claims that he was the natural child of the deceased.
Shortly after his son's death plaintiff retained James P. D'Angelo, a Delaware attorney, to represent him as administrator of his son's estate. Plaintiff was thereafter appointed administrator of the estate of Charles Thompson, Jr. and on January 19, 1970, suit was filed in the United States District Court for the Eastern District of Pennsylvania (Civil Action No. 70--188) against the driver of the other automobile. Plaintiffs in that action were Charles Thompson, Sr., suing as administrator of his son's estate, Charlotte Yates, the mother of the latter's putative illegitimate child, and Beulah Yates, Charlotte's mother. All three plaintiffs were represented by the same counsel including defendant Porter, a member of the Delaware and Pennsylvania bar. A settlement was then reached and pursuant to a petition for approval bearing plaintiff's signature, an order was entered on January 22, 1971 directing that the amount of the settlement less costs and fees be paid to Charlotte and Beulah Yates for the minor Charles C. Thompson, III.
On October 8, 1971, Charlotte Yates petitioned the Court of Chancery of the State of Delaware for an order appointing her as guardian of her son's property. Plaintiff unsuccessfully attempted to repudiate the settlement and obtain an order of the Court directing that he can be entitled to the settlement proceeds. Plaintiff's petition to intervene was dismissed with a ruling that his remedy resided in the Federal District Court.
Plaintiff now brings this malpractice action as administrator against co-defendants for the entire settlement proceeds of $7,000 alleging that he did not knowingly consent to the settlement approved by the Federal District Court. Further, it is alleged that his signature appearing on the Petition For Approval and Settlement and the Statement of Distribution were obtained by fraud. Fraud it is alleged, made easier by plaintiff's inability to read which was then known by the Defendant, D'Angelo.
Plaintiff's general theory of liability is appropriately based on the rule of law that an attorney is liable for any loss sustained by...
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Thompson v. D'Angelo
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