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Summary Judgment Knocks Out Claims of Unauthorized Settlement

August 5, 2014

Shannon Sprinkle prevailed on summary judgment for her lawyer client defeating Plaintiff’s claims that a case had been settled without her authority.

The lawyer had pursued worker’s compensation and personal injury claims on behalf of a client who was injured in an automobile accident during the course of her employment.  Plaintiff alleged that the lawyer had conflicts of interest, which negatively impacted the pursuit and resolution of her claims.  The lawyer settled the Plaintiff’s case for policy limits, and although phone records reflected numerous discussions with the client the day the case was settled, the Plaintiff later claimed that she did not authorize the settlement.  In the lawsuit, Plaintiff contended the case against the at-fault driver should have been pursued further to secure a larger settlement or verdict.

On Carlock Copeland’s motion, the Judge dismissed Plaintiff’s claims of Legal Malpractice, Breach of Fiduciary Duty, Breach of Contract, and Fraud, finding that the claims could not succeed as Plaintiff had not demonstrated any damages proximately caused by the lawyer’s alleged  misconduct.

The case may be appealed so watch for further updates.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.