Rodney Wilson, et al. v. Gerald W. Pickens

Case Number
W2004-02966-COA-R3-CV

The trial court determined Plaintiffs had standing to bring this malpractice action against their attorney and that they properly filed the action within the statute of limitations under the discovery rule. The trial court apportioned fault between Plaintiffs, Defendant, and nonparty Shelby County.  The court awarded Plaintiffs damages for costs incurred, but did not award damages for lost property value. We affirm the trial court’s determination that Plaintiffs had standing and brought their action within the limitations period. We reverse the trial court’s finding regarding causation, and hold Plaintiffs were at least 50% at fault in this case. Judgment for Plaintiffs is reversed.

Authoring Judge
Judge David R. Farmer
Originating Judge
Judge John R. McCarroll, Jr.
Case Name
Rodney Wilson, et al. v. Gerald W. Pickens
Date Filed
Dissent or Concur
No
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