Florida's rule providing protection for the honest errors of attorneys in their judgment about a debatable point of law has shielded a law firm facing a malpractice suit for its choice not to use a particular expert witness in support of hurricane damage claim, Harris Martin reports. The U.S. Court of Appeals for the 11th Circuit found that Florida's judgmental immunity doctrine applied to the law firm's decision.
Law 360's Jeff Sistrunk reports that a condo association sued Childress Duffy for how that firm handled a breach of contract suit against Citizens Property Insurance Co. The condo association was seeking recovery for property damage from Hurricane Frances, including a $1.5 million claim for an elevator.
The defense wind expert called by the law firm was neither a mechanical engineer nor an elevator expert. A jury trial ended in a directed verdict.
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