Lloyd-Butler
Lloyd-Butler v. Mary Worrall Associates, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Plaintiffs Thomas and Diane Lloyd-Butler appeal the grant of summary judgment in favor of defendants Mary Worrall and her corporation. They also appeal the denial of their motion for partial summary judgment. We agree with the Lloyd-Butlers that their motion for partial summary judgment should have been granted as to their claim for professional negligence; the defendants’ motion for summary judgment on that claim should have been denied. 1 We reverse and remand for a trial on damages.
The Lloyd-Butlers’ point is that Worrall’s negligence in drafting an ambiguous financing contingency term of a real estate contract exposed them to a costly breach of contract lawsuit, regardless of whether they ultimately would have won the suit. Because the Hawaii courts have not spoken to this issue, our task is to try to predict how the Hawaii Supreme Court would rule, and we may look to the well-reasoned decisions of other jurisdictions. Burlington Ins. Co. v. Oceanic Design & Constr., Inc., 383 F.3d 940, 944 (9th Cir. 2004).
The district court concluded that the contract was ambiguous with respect to the financing contingency term. We agree. The district court also held that…