Jones Motor Co., Inc. v. Holtkamp, Liese, Beckemeier & Childress, P.C.
United States Court of Appeals for the Seventh Circuit
197 F.3d 1190 (1999)
- Written by Sharon Feldman, JD
Facts
Elston Cannon brought a personal-injury suit against Jones Motor Company and its insurer (collectively, Jones) (plaintiffs) in St. Clair County, Illinois. Holtkamp, Liese, Heckemeier & Childress, P.C. (HLH&C) (defendant) represented Jones in the suit. The action was assigned to a judge who was reputed to favor plaintiffs in personal-injury suits. HLH&C failed to file a timely request for a jury, and the case was tried to the judge. The judge entered a judgment for Cannon for $2.8 million. Jones did not appeal the judgment or claim the judge committed error in trying the case. The case was settled for $2.5 million. Jones sued HLH&C for legal malpractice. Jones presented the opinion of an experienced St. Clair County lawyer that had the case been tried to a jury, the verdict would have been approximately $500,000. Jones sought damages of $2 million—the difference between the settlement amount and the lawyer’s estimate. The district court granted summary judgment to HLH&C. Jones appealed.
Rule of Law
Issue
Holding and Reasoning (Posner, C.J.)
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