Where defendant attorneys filed an affidavit stating that they had complied with the applicable standard of care, and plaintiff failed to respond with any expert evidence contradicting this affidavit in support of his legal malpractice claim, summary judgment was affirmed.
In Grose v. Kustoff, No. W2021-00427-COA-R3-CV, 2022 WL 2347798 (Tenn. Ct. App. June 29, 2022), plaintiffs had previously been represented by defendants in a wrongful death case concerning plaintiffs’ mother. During that case, plaintiffs and defendants had a disagreement regarding the direction of the case, and defendants moved to withdraw as counsel, which was granted. More than a year later, plaintiffs filed this pro se legal malpractice claim against defendants.
After a motion to dismiss was granted, appealed, and vacated on appeal, defendants filed a motion for summary judgment. In support of this motion, defendant David Kustoff filed his own affidavit stating that “he and his late father had complied with the applicable standard of care at all times” in the underlying representation. Plaintiffs responded to the motion, but failed to include any expert affidavit or other expert opinion in the response. The trial court granted summary judgment to defendants, and the ruling was affirmed on appeal.