Whiteside v. Decker, Hallman, Barber & Briggs, P.C.
310 Ga. App. 16
| Ga. Ct. App. | 2011Background
- Whiteside, as Chapter 7 Trustee for Lucio-Anaya, sues Lucio-Anaya's former attorneys (Decker Hallman) for breach of fiduciary duties alleged to cause an excess judgment against Lucio-Anaya in a Moreno auto-claim case.
- The Moreno claim against Lucio-Anaya settled for policy limits ($15,000 per claim, $30,000 per occurrence) with ICIC defense; Moreno later obtained an $8,000,000 verdict.
- Lucio-Anaya filed bankruptcy; Trustee settled a bad-faith claim against ICIC for $8,000,000 to satisfy part of Moreno’s judgment.
- Trustee alleged Decker Hallman breached duties by not informing Lucio-Anaya of potential bad-faith claims or advising independently, allegedly leading to the excess judgment.
- The trial court granted summary judgment for Decker Hallman, finding the Trustee’s causation theory speculative; the appellate court affirms, dismissing the cross-appeal as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proximate cause of the excess judgment | Whiteside contends breaches caused Lucio-Anaya to incur the excess judgment. | Decker Hallman argues no evidence shows a causal link between alleged breaches and the excess verdict. | No proximate cause shown; summary judgment for Decker Hallman affirmed. |
| Damages—general, nominal, punitive, and fees | Trustee argues damages flowed from breaches and should include related sums. | Without proximate causation, damages lack foundation. | Summary judgment upheld; absence of causation defeats damages claims. |
| Remote damages under OCGA § 51-12-10 | Trustee seeks remote damages for damages caused by breach. | Evidence shows no purpose to deprive plaintiff of contemplated benefits. | Jury consideration of remote damages denied; no evidentiary basis. |
Key Cases Cited
- Graivier v. Dreger & McClelland, 280 Ga.App. 74 (2006) (proximate cause standard for breach of fiduciary duty)
- Hoffman v. AC & S, Inc., 248 Ga.App. 608 (2001) (reasonable-inference standard on summary judgment)
- Bankers Health & Life Ins. Co. v. Fryhofer, 114 Ga.App. 107 (1966) (speculative expert testimony lacks probative value)
- Maryland Cas. Ins. Co. v. Welchel, 181 Ga.App. 224 (1986) (remote or intentional act in bad-faith context)
- Grinold v. Farist, 284 Ga.App. 120 (2007) (speculation not enough for causation finding)