Beach

I. BACKGROUND

Beach’s lower right leg was amputated after a motor vehicle accident. He retained JRG, which filed a personal injury suit on his behalf in May 2017. During a December 2018 mediation, Beach accepted a $2 million settlement. In this action, Beach is pursuing claims against JRG for professional negligence, breach of fiduciary duty, fraudulent misrepresentation, and negligent misrepresentation.1 Beach alleged as follows. JRG advised him that his claims were worth between $5 million and $5.5 million. But in a December 4, 2018 mediation preparation meeting, JRG advised him to expect an offer of $2.7 million to $3.5 million in the December 6 mediation. Immediately following the mediation preparation portion of that meeting, JRG advised him that a net settlement recovery of at least $1 million could purchase an annuity that would pay him $9,332.74 per month tax free for life or for the next 10 years, whichever was longer. JRG advised him that this could be achieved by accepting a $2 million full settlement. At the mediation two days later, Beach relied on this advice in accepting a $2 million total settlement. But after settling the case Beach learned that the net…