by Christopher J. Graham and Joseph P. Kelly

Joseph Delgreco & Company, Inc. v. DLA Piper, Case No. 10 Civ 6422 (PAE) (S.D. N.Y. Oct. 1, 2012)

Court granted defendant law firm’s motion for summary judgment against plaintiffs because they didn’t offer expert testimony to establish a prima facie case of legal malpractice. Plaintiff’s expert testified regarding only two of plaintiff’s 13 malpractice claims. The court stated that “[t]he only circumstances in which expert opinion evidence is unnecessary are those in which “a jury could reasonably conclude, on the basis of their own ordinary experience, that defendant’s conduct was so negligent as to fall below any standard of care.” [citation omitted]; and, “[u]nless [1] a juror’s ordinary experience provides sufficient basis to assess the adequacy of the professional service, or [2] the attorney’s conduct falls below any standard of due care, expert testimony is necessary to establish that the attorney acted negligently.” [citation omitted]. Plaintiffs’ claims required expert testimony so defendants’ motion for summary judgment regarding the 11 claims lacking expert testimony was granted. The court also granted defendants’ summary judgment on the two claims involving expert testimony for lack of proximate cause because the expert testimony wasn’t about proximate cause and the evidence didn’t otherwise establish proximate cause.