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Torts keyed to Best
Fishman v. Brooks
Citation:
487 N.E.2d 1377 (Mass. 1986)Facts
Larimore Brooks was struck by a vehicle while riding his bike along a road at night, suffering serious injuries. Brooks hired Irving Fishman, a solo practitioner who had not litigated a case in over ten years, to represent him in his personal injury case.
Over the course of the case, Fishman proceeded to mismanage several aspects of the case. For example, Fishman neglected to examine the driver’s vehicle following the accident or ascertain what the driver was doing prior to the accident. Additionally, Fishman accepted the facts presented by the driver’s insurer without independent investigation and was unaware of the total amount of the driver’s insurance policy. Feeling unprepared for trial, Fishman let Brooks know that he was unlikely to win the case, and Brooks settled for $160,000.
In a legal malpractice claim by Brooks against Fishman, expert testimony suggested that Brooks could have recovered $450,000 to $500,000 in proceedings, if properly represented. The court found that Brooks’s total damages were $525,000, and awarded a sum to Brooks based on those damages, subtracting his settlement recovery and other fees. Fishman appealed.
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