Vincent v. DeVries
193 Vt. 574
| Vt. | 2013Background
- Vincent sued DeVries for legal malpractice arising from his representation in a prior specific performance action.
- The 2003 contract for sale of Vincent’s home was challenged; the court ultimately granted the buyers’ summary judgment for specific performance.
- Vincent settled the underlying dispute in 2008 to retain his home, paying $103,000 (including $35,000 to reimburse buyers’ attorneys) in exchange for voiding the specific performance order.
- Vincent’s malpractice claim alleged that DeVries failed to timely plead defenses, advised improper settlement positions, and failed to inform him of case developments.
- The jury awarded $183,000 total: $80,000 for emotional distress and $103,000 for economic damages; the trial court denied DeVries’s JMOL on both issues, and Vincent appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether emotional distress damages are recoverable in legal malpractice without physical injury | Vincent argues emotional distress can be recoverable under special circumstances | DeVries contends such damages are not recoverable absent physical injury or egregious conduct | Emotional distress damages are not awarded here (reversed) |
| Whether the economic-damages award based on settlement amount is reasonable | Vincent contends the $103,000 settlement was reasonable to restore him to the pre-litigation position | DeVries argues the settlement was not shown to be reasonable or closely tied to market value | Economic damages affirmed; settlement reasonable under circumstances |
Key Cases Cited
- Fitzgerald v. Congleton, 155 Vt. 283 (Vt. 1990) (discusses emotional-distress damages and limitations in legal malpractice)
- Goodby v. Vetpharm, Inc., 2009 VT 52 (Vt. 2009) (emotional-distress damages in negligence; no general exception for nonphysical injury)
- Pearson v. Simmonds Precision Prods., Inc., 160 Vt. 168 (Vt. 1993) (denies emotional-distress damages for certain negligent misrepresentation/pecuniary losses)
- Cooper v. Cooper, 173 Vt. 1 (Vt. 2001) (allows emotional-distress damages in certain exceptional fiduciary/relationship contexts)