Shumake

This is an action between two attorneys concerning attorney fees. The fees were earned by work under a contingent fee contract in a personal injury action in which Joseph E. Di Loreto represented Ann M. O’Neill. Defendant Brian Shumake assumed representation of Ms. O’Neill after Di Loreto secured a judgment in her favor. The trial court directed a verdict in favor of Di Loreto on his causes of action for conversion and intentional interference with prospective economic advantage. The jury returned a verdict in favor of Di Loreto on his cause of action for fraud, and awarded $50,000 in punitive damages. In posttrial orders the trial court reduced the punitive damage award to $30,000.

Shumake argues that the judgment should be reversed because: 1) the trial court exhibited prejudice against him; 2) the court improperly shifted plaintiff Di Loreto’s burden of proof to him; 3) the trial court erred in entering the directed verdicts; 4) the trial court refused his instructions on fiduciary duty and attorney’s lien procedures; 5) of errors in the trial court’s ruling on the posttrial motions; 6) attorney fees based on the theory of tort of another should not have been awarded;…