Paul S. Damron v. Vern Herzog, Jr.

Good Law
67 F.3d 211·95 Daily Journal DAR 12859·1995 WL 571865·1995 U.S. App. LEXIS 27320·95 Cal. Daily Op. Serv. 7495
United States Court of Appeals for the Ninth CircuitSeptember 26, 199594-35043California2,624 words

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…

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