Galanek

Plaintiff Stephanie A. Galanek (Galanek) appeals an order granting defendants’ motion for nonsuit after her opening statement at trial. Galanek sued attorney Stephen D. Wismar (Wismar) and the law firm of Jones, Wismar & Ball for legal malpractice based on Wismar’s alleged negligent spoliation of evidence in the course of his representation of Galanek in her underlying automobile accident/personal injury case. Galanek’s complaint alleges Wismar’s failure to take reasonable steps to prevent the destruction of her vehicle caused her to lose a meritorious products liability case against Honda Motor Company, Ltd., and related defendants (collectively Honda). On appeal Galanek contends (1) she presented viable claims for legal malpractice and negligent spoliation of evidence in her opening statement; and (2) she is not required to prove her underlying case to prevail because her malpractice claim is based on Wis-mar’s spoliation of evidence.

On October 1, 1998, we filed a published opinion reversing the order granting nonsuit. Wismar filed a petition for rehearing contending, inter alia, that he failed to receive notice of the opportunity to request oral argument before the…