Meyer v. Purcell
405 S.W.3d 572
Mo. Ct. App.2013Background
- Purcell & Amen LLC challenged a jury verdict in a legal-malpractice action brought by the Estates of Steve Boliance and Anna Holtz.
- Estates alleged Purcell negligently advised Niece to retitle assets to herself, undermining the decedents’ estate plans.
- Niece, advised by Purcell, transferred assets into her name; after deaths, she held title to substantially all assets.
- Estates demanded an accounting and return of assets; Purcell and Niece delayed, ultimately asset recovery occurred after probate litigation.
- Jury awarded Estates $256,896 in compensatory and $600,000 in punitive damages; trial court denied motions for new trial; appellate court reverses punitive damages but affirms other rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether punitive damages were properly submitted | Estates | Purcell | Punitive damages submission reversed; no clear and convincing proof of intent |
| Whether punitive-damages instructions were proper | Estates | Purcell | moot; punitive-damages issues reversed on appeal |
| Whether Estates’ legal-malpractice claim was submissible | Estates showed damages and causation. | Purcell | No error; Estates presented substantial evidence of negligence and causation; claim submissible |
| Whether exclusion of evidence on attorney-fee reasonableness was erroneous | Estates | Purcell | No abuse of discretion; fees are determined by judge; contingency-fee reasonableness well-established |
| Whether admission of Niece’s statements about trust/arising-assets was reversible | Estates | Purcell | Preservation issues; admission not reversible; point denied |
Key Cases Cited
- Hoover’s Dairy, Inc. v. Mid-America Dairymen, Inc./Special Products, Inc., 700 S.W.2d 426 (Mo. banc 1985) (negligence generally not punishable; punitive damages require egregious conduct)
- Kaplan v. U.S. Bank, N.A., 166 S.W.3d 60 (Mo. App. E.D. 2003) (submissible standard for punitive damages; egregious conduct required)
- Steward v. Goetz, 945 S.W.2d 520 (Mo. App. E.D. 1997) (proximate causation in legal malpractice requires expert or clear palpable evidence)
- Giddens v. Kansas City Southern Ry. Co., 29 S.W.3d 813 (Mo. banc 2000) (submissible evidence standard in negligence cases)
- Seitz v. Lemay Bank and Trust Co., 959 S.W.2d 458 (Mo. banc 1998) (duty, breach, causation, damages framework in negligence)