Green v. Papa
4 N.E.3d 607
Ill. App. Ct.2014Background
- Darlene Green sued her former attorney Papa in a legal-malpractice action in Illinois state court.
- Underlying suit occurred in the Court of Claims regarding an April 1998 IDOT auto collision and related medical complications.
- The Court of Claims excluded Dr. Schoedinger’s deposition as evidence due to deposition-designation issues, affecting damages award.
- The circuit court later held Papa did not breach duties and that the exclusion was not the proximate cause of damages.
- Appellate Court affirmed, holding Court of Claims’ damages ruling was erroneous and that proximate cause remained the dispositive issue.
- Justice Cates wrote a special concurrence criticizing Court of Claims’ errors and asserting potential injustice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exclusion of Schoedinger deposition caused damages | Green | Papa | proximate cause depends on record; not proven by exclusion alone |
| Standard of review for proximate causation in legal malpractice | Green | Papa | proximate-cause review is manifest-weight for bench trial; court upheld Papa’s position |
| Court of Claims deposition-designation error and effects | Green | Papa | Court of Claims errors not reversible; appellate affirmance |
| Causation evidence linking chair fall to subsequent treatment | Green | Papa | Courts improperly concluded chair fall caused later treatment; not proven by record |
Key Cases Cited
- Owens v. McDermott, Will & Emery, 316 Ill. App. 3d 340 (2000) (proximate cause in legal malpractice proof standard)
- Klopfer v. Court of Claims, 286 Ill. App. 3d 499 (1997) (Court of Claims review limitations; nonappealability)
- TCA International, Inc. v. B&B Custom Auto, Inc., 299 Ill. App. 3d 522 (1998) (standard of review considerations in contracts/claims)
- Buckles v. Hopkins Goldenberg, P.C., 2012 IL App (5th) 100432 (2012) (proximate causation in legal malpractice)
- People ex rel. Department of Labor v. 2000 W. Madison Liquor Corp., 394 Ill. App. 3d 813 (2009) (manifest-weight review in bench trials)