Andreasen v. Klein, Glasser, Park & Lowe, P.L.
The personal representative of a decedent's estate sued the decedent's former attorneys for wrongful death, alleging that their malpractice in letting a stacking UM claim lapse deprived the decedent of funds for treatment and led to his suicide. The Third District affirmed dismissal with prejudice, holding that attorneys owe no legal duty to prevent a client's suicide absent custody or control, and declining to extend to lawyers the limited duty some courts recognize for medical professionals.
Key facts
- Personal representative of a decedent's estate sued the decedent's former law firm for wrongful death, alleging the attorneys' malpractice in allowing a stacking uninsured motorist insurance claim to lapse deprived the decedent of funds for treatment and contributed to his suicide.
- The trial court dismissed the complaint with prejudice, and the Third District Court of Appeal affirmed the dismissal.
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Why it matters
This is the first Florida decision to squarely refuse to extend a suicide-prevention duty to attorneys, giving legal malpractice defendants a clean citation to defeat wrongful death claims premised on a client's… — full analysis with a trial
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