Torts Keyed to Dobbs
Friedman v. Dozorc
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The Plaintiff, Doctor Friedman (Plaintiff), performed surgery on a Mrs. Serafin and in the course of surgery she began to hemorrhage uncontrollably. She died five days later and the Defendant attorneys, Dozorc and Golden (Defendants), acting on behalf of Anthony Serafin, Jr., brought suit against the doctor for wrongful death. No evidence was submitted at trial establishing professional negligence and the trial judge directed a verdict in the Plaintiff’s favor. The Plaintiff then brought suit against the Defendants alleging malicious prosecution, negligence and abuse of process. The trial court dismissed the actions and the court of appeals affirmed, but reversed with regards to the action for malicious prosecution. In this action, the Plaintiff argued that the Defendants owed him a duty to reasonably investigate and examine facts to establish that their client had an actionable claim.
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