Alan Scher Zagier//November 25, 2024//
A St. Louis County jury has rejected a legal malpractice suit filed by a bankruptcy trustee for a shuttered dental practice against Danna McKittrick P.C. and one of its attorneys.
The jury deliberated for about an hour before siding with the Clayton firm and bankruptcy attorney A. Thomas DeWoskin in a unanimous verdict delivered at the conclusion of a three-day trial in late September.
The 2020 suit involved a default bankruptcy judgment of $1.2 million against the St. Louis Center for Aesthetic and Restorative Dentistry and Dr. Gulian Norouzi.
The complaint alleged that DeWoskin and his firm assumed legal representation of the business in April 2015 after its previous attorney was fired — but crucially, not at a July 8, 2015, hearing at which the default judgment was entered.
Defense attorney Tom Magee of HeplerBroom said that DeWoskin had been retained in March 2015 by Norouzi to represent her dental business to determine whether a bankruptcy action could have been filed. Bankruptcy was subsequently declared by Norouzi in July 2016.
“It was defendant’s position that the retention letter signed by Norouzi limited representation to this work out of the business,” he said. “Tom DeWoskin appeared for the July 8 hearing but did not enter his appearance, as he did not consider that his scope of representation.”
Plaintiff’s attorney Dan Finney of St. Louis did not immediately respond to a request for comment. At trial, the plaintiff’s expert argued that the presence of an attorney would have reduced the damages award.
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- Verdict for the defendant
- Legal malpractice
- Venue: St. Louis County Circuit Court
- Case Number/Date: 19SL-AC13843-02/Sept. 25, 2024
- Judge: Circuit Judge Heather Cunningham
- Caption: Kristin Conwell, as bankruptcy trustee for Guilan Norouzi v. Danna McKitrick and A. Thomas DeWoskin
- Plaintiff’s attorney: Dan Finney, St. Louis
- Defendant’s attorneys: Thomas Magee (lead) and Kathleen Hamilton, HeplerBroom, St. Lous
- Plaintiff’s expert: Richard McLeod, Kansas City (legal malpractice-standard of care)
- Defendant’s expert: Joe Roper; Watters Wolf Bub Hansmann, Kansas City (legal malpractice)
This article credit to MOLawyersMedia