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Torts keyed to Best
Carbone v. Tierney
Citation:
864 A.2d 308 (N.H. 2004)Facts
Alfred Carbone hired Nancy Tierney, an attorney, to represent him in proceedings against his son, Daniel, in federal court. After his claim was dismissed by the court, Tierney did not file an appeal.
Carbone subsequently sued Tierney on several theories of malpractice, including: that Tierney neglected to specify an amount of damages in her claim to the court; that Tierney should have filed an appeal of the court’s dismissal of Carbone’s claim; and failed to attend a meeting associated with the litigation. A jury found for Carbone and awarded him an unspecified amount of damages.
Tierney appealed the district court’s findings on two grounds. First, Tierney argued that expert testimony was required to establish evidence that her actions were the cause of Carbone’s injuries. Second, Tierney stated that the trial court had incorrectly ruled when it found that she had the burden of proof in determining whether Carbone would have been able to recover damages in his original case.
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