This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jul. 6, 1996

Breach of Fiduciary Duty
Legal Malpractice
Statute of Limitations

Confidential

Settlement –  $3,000

Court

Contra Costa Superior


Attorneys

Plaintiff

Arthur G. White


Defendant

Roni Rotholz
(Law Office of Roni Rotholz)


Facts

On June 21, 1994, the plaintiff, a 75-year-old tour guide, tripped on a parking stop and sustained broken ribs. In July 1994, the plaintiff retained the defendant attorney to represent her in the personal injury action. The defendant failed to file a complaint within the statute of limitations period. The defendant claimed to be uninsured and without assets. The plaintiff brought this action against the defendant attorney based on negligence, breach of fiduciary duty theories of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Damages

The plaintiff claimed $4,022.37 in economic damages and $75,000 in non-economic damages. The plaintiff also sought punitive damages.

Injuries

The plaintiff alleged she suffered emotional distress as a result of the defendant's conduct.

Other Information

The settlement was reached approximately three months after the case was filed.


#92347

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390