Harris

*183 Opinion

Appellant Lorine Harris appeals from the judgment on the pleadings in her legal malpractice lawsuit against respondent Milton Grimes. After review, we reverse and remand.

Procedural and Factual Background

In March 1989, Gardena Police Officer David Mathieson shot and killed appellant Lorine Harris’s unarmed son during the nighttime execution of a search warrant. Appellant alleges Mathieson accidentally fired his gun when a flash-bang grenade used by the police as they forced their way into the home startled Mathieson. 1 In January 1990, appellant filed wrongful death complaints against Mathieson in both federal and state court. 2 Each complaint alleged causes of action for negligence under state law and for civil rights violations under federal law. Mathieson demurred to the state court lawsuit on the ground it was duplicative of the federal lawsuit. 3 In response, appellant dismissed her state court complaint without prejudice.

Appellant’s federal civil rights claim eventually went to trial, shorn by the court’s edict of the negligence claim. The court explained that it feared trying both claims would confuse the jury because they involved “contradictory…