Paul S. Damron v. Vern Herzog, Jr.
Opinion
Opinion
Kelleher, J.
The Idaho District Court held that the state of Idaho does not recognize a general duty of care owed by attorneys to former clients. Accordingly, the district court granted Herzog’s motion for summary judgment. Damron appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse and remand to the Idaho District Court for trial.
FACTS
In 1982 Plaintiff-Appellant Paul Damron (Damron) hired Defendant-Appellee Vern Herzog (Herzog) to prepare documents for the sale of Damron’s funeral and cemetery business to Richard, Patricia, Wayne, and Marie Wheatley (collectively, “the Wheat-leys”). As part of his representation, Herzog drafted a Stock Purchase Agreement (1982 Stock Purchase Agreement), which provided, among other things, for the Wheatleys to make payments to Damron. Herzog did not represent Damron on any further legal matters.
In 1983 Damron sued the Wheatleys regarding tax refunds due in connection with the 1982 sale. The Wheatleys filed a counterclaim against Damron, seeking sums allegedly owed by Damron as a result of advanced payments on funeral services (pre-need contracts). Eventually the counterclaim was dismissed with prejudice and judgment was entered in…