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Bobbitt v. Weeks

Citations: 774 S.W.2d 638; 32 Tex. Sup. Ct. J. 390; 1989 Tex. LEXIS 45; 1989 WL 50591Docket: C-7986

Court: Texas Supreme Court; May 17, 1989; Texas; State Supreme Court

Narrative Opinion Summary

The case involves a legal malpractice claim brought by the Bobbitts on behalf of their grandson against attorneys and their former law firm. The underlying matter concerned wrongful death and survival claims stemming from a 1970 airplane crash. After settling a claim with the pilot, the Bobbitts sought further action against the FAA for alleged negligence, which the attorneys declined to pursue, resulting in the expiration of the statute of limitations. The trial court instructed the jury on negligence, incorporating a 'good faith' exception for attorneys, which the jury found absolved the defendants of negligence. On appeal, the Supreme Court of Texas held that this instruction was erroneous, as Texas law does not recognize a good faith defense to attorney negligence, as established in Cosgrove v. Grimes. The appellate court's decision was reversed, and the case was remanded for a new trial, given that the improper jury instruction likely influenced the jury's verdict, resulting in a take-nothing judgment initially rendered against the Bobbitts.

Legal Issues Addressed

Appellate Review - Error in Jury Instruction

Application: The Supreme Court reversed the lower court's decision due to an erroneous jury instruction regarding the definition of negligence.

Reasoning: The Supreme Court identified a significant error in the trial court’s definition of negligence, aligning with a recent precedent in Cosgrove v. Grimes.

Good Faith Defense in Attorney Negligence

Application: The trial court erroneously included a 'good faith' exception in its definition of negligence, which the Supreme Court found inconsistent with Texas law.

Reasoning: The trial court defined negligence in a manner that included a 'good faith' exception for attorneys, suggesting that an attorney's honest belief in their actions could absolve them of negligence.

Legal Malpractice - Negligence Standard

Application: The court assessed whether the attorneys were negligent in handling the settlement of claims related to a wrongful death and survival action.

Reasoning: The jury was tasked with determining if the defendants were negligent in settling Arthur's claims and whether that negligence caused damage.

Statute of Limitations in Legal Malpractice

Application: The case involved a failure to pursue a claim against the FAA within the statutory period, which was central to the malpractice claim.

Reasoning: The statute of limitations for the FAA claim expired in 1972.