Preliminary Objections Granted on The Basis of Underlying Settlement

/ 20.Apr, 2011

Jeff McCarron and Danielle Graham of the Professional Liability group recently obtained a favorable result for a client in a legal malpractice action the Court of Common Pleas of Philadelphia.  The Court sustained preliminary objections in a matter arising out of a settlement agreement in a medical malpractice action and dismissed the matter with prejudice.  The Court ruled that an attorney could not be held liable for legal malpractice and breach of contract where a former client ratified a settlement agreement by signing the release and accepting the monetary benefits that flowed from the settlement agreement.  The Court further ruled that even if the former client could prove that she did not initially give authority to settle the action, her acceptance of the benefit precluded her from bringing an action against her attorney.

Danielle Graham, Esquire