In Webb v. Stockford, 331 S.W.3d 169 (Tex. App. – Dallas 2011, pet.denied), the Dallas denied Kurtis and Ingrid Webb’s claim of legal Malpractice against their attorney Brad Stockford; and granted Stockford’s motion for judgment notwithstanding the jury’s verdict. The Webb’s appeal.
The Webb’s filed a malpractice suit against Stockford alleging that Stockford mishandled their suit against a seller and his real estate agent in relation to the purchase of their home.
The Dallas Court of Appeals affirmed the trial court decision. The Webb’s failed to provide the evidence that Ault made false statements in regards to a sale of their home. Due to the lack of evidence in the above mentioned case, the Webb’s would not have recovered a judgment against Ault, there for there no grounds of negligence against Stockford. See Akin, Gump, Strauss, Hauer & Feld, L.L.P., 229 S.W.3d at 112; Schlager, 939 S.W.2d at 187. It was concluded that the trial court properly granted the JNOV in Stockfords favor.
In this case you learn the importance of collectability. The plaintiff must go one step further in showing that they would have won the case if not for the negligence of the attorney. The plaintiff also must show damages where collectable from one or more of the defendants. To establish collectability, you need to show sales proceeds, or current income, profits and/or access to finances.
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