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Torts Keyed to Duncan
Wolski v. Wandel
Citation:
275 Ned. 266, 746 N.W.2d 143 (2008)Facts
Stanley Wolski, Jr. (plaintiff) retained Josephine Walsh Wandel (defendant) in a lawsuit against his sister concerning land conveyed to them both by their parents. In that prior action, the defendant had a guardian ad litem appointed to the plaintiff because the plaintiff suffered from certain mental disabilities. With the help of the guardian ad litem, the case was settled and the plaintiff retained a life estate in the property with a remainder interest going to his sister and her heirs subject to certain conditions and payments to the plaintiff. The plaintiff obtained new counsel seeking to vacate this settlement and suing the defendant for legal malpractice. The defendant presented expert testimony that her conduct had not fallen below the requisite standard of care for her profession and filed a motion for summary judgment.
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