Pizel v. Zuspann

247 Kan. 54, 795 P.2d 42, 10 A.L.R.5th 1098 (1990)

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Pizel v. Zuspann

Kansas Supreme Court
247 Kan. 54, 795 P.2d 42, 10 A.L.R.5th 1098 (1990)

  • Written by Sharon Feldman, JD

Facts

Eugene Zuspann and B.E. Whalen (defendants) were law partners. Zuspann’s client Charles wanted Zuspann to create an inter vivos trust but keep it secret. The deeds to land contained in the trust were not recorded. Zuspann left the firm. Whalen became Charles’s lawyer and drafted a trust amendment. Charles died. The trust was invalidated. Herbert Pizel and the other intended beneficiaries (the beneficiaries) (plaintiffs) sued Zuspann and Whalen for legal malpractice. The trial court granted summary judgment to Zuspann because Whalen had replaced Zuspann and could have activated the trust before Charles died. The jury returned a verdict against Whalen. The beneficiaries appealed the grant of summary judgment to Zuspann, and Whalen appealed the verdict.

Rule of Law

Issue

Holding and Reasoning (Allegrucci, J.)

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