Malpractice Claim Against Disbarred Attorney Fails
The Wyoming Supreme Court has affirmed the grant of summary judgment to the defendant in a legal malpractice claim
Steven Johnson and his legal entities (Appellants) appeal from the district court’s grant of summary judgment on his legal malpractice claims against Danielle M. Mathey and Mathey Law Office, P.C. (Appellees). The district court found Appellees were entitled to judgment as a matter of law because Appellants failed to demonstrate, through expert testimony or other competent evidence, Ms. Mathey’s conduct violated a standard of care or proximately caused Appellants any damage. We affirm.
An attorney admitted pro hac vice in Idaho handled the matters
Mr. Johnson filed a complaint with the Wyoming State Bar regarding Ms. Mathey’s representation of him in various matters, including the City of Rock Springs matter and the Factory Homes Outlet litigation. The Wyoming State Bar and Ms. Mathey entered into a stipulation agreeing to a sanction of disbarment for her acts and omissions in her representation of Mr. Johnson and his entities. The Board of Professional Responsibility (BPR) filed its Report and Recommendation for Disbarment with this Court on February 9, 2021. This Court entered its Order of Disbarment, disbarring Ms. Mathey from the practice of law in Wyoming, effective immediately.
The disbarment is linked here.
Sweetwater Now reported
In a press release issued by the Wyoming Bar Association, Mathey’s disbarment stemmed from her conduct representing several clients “in which Mathey lied to clients about the status of their cases, fabricated court documents and mishandled trust account funds belonging to the client,”
The WBA statement also says Mathey failed to respond to inquiries by the Wyoming State Bar’s Office of Bar Counsel regarding her conduct.
The City of Rock Springs claim
In July 2015, the City of Rock Springs experienced heavy rainfall, and one of Noble K. Investments’ storage facilities flooded with sewer water. The flooding damaged some of Noble K Investments’ tools and equipment.
…Mr. Johnson personally believed the cause of the flood was due to the City’s lift pumps shutting down.
Alleged malpractice
On April 12, 2021, Appellants filed a complaint against Appellees alleging Ms. Mathey committed legal malpractice by failing to file the lawsuit against the City of Rock Springs. Appellants further alleged Ms. Mathey committed legal malpractice by misappropriating the settlement funds from the Factory Homes Outlet litigation and by failing to obtain the signed affidavit from Mr. Johnson’s co-worker.
The law
Under our case law, a legal malpractice claim fails as a matter of law if the plaintiff presents no evidence establishing the loss suffered was in fact caused by the lawyer’s alleged malpractice…
Appellees established Appellants failed to designate any expert witness or present any evidence establishing Ms. Mathey’s malpractice proximately caused Appellants’ damages. They further established Appellants had not provided any evidence other than mere conclusory statements supporting the cause of the sewer backup was related to the City’s negligence. Appellees met their prima facie case for summary judgment. The burden, therefore, shifted to Appellants to present specific facts supporting the action against the City would have been successful but for Ms. Mathey’s failure to file the lawsuit. See Scranton, 2020 WY 63, ¶ 32, 463 P.3d at 793. Mr. Johnson presented no evidence or expert opinion, other than his own conclusory statements, that the cause of the sewer backup was due to the City’s negligence in keeping the public utility operable or functional. His legal malpractice claim against Appellees fails as a matter of law because he presented no evidence his lawsuit against the City would have been successful but for Ms. Mathey’s misconduct in failing to file the lawsuit.
The absence of expert proof also doomed the Factory Outlet claim. (Mike Frisch)