(Download) "Niosi v. Aiello" by District of Columbia Court of Appeals. * eBook PDF Kindle ePub Free
eBook details
- Title: Niosi v. Aiello
- Author : District of Columbia Court of Appeals.
- Release Date : January 21, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
CLAGETT, Associate Judge. This is an appeal from a directed verdict for defendant upon plaintiff's opening statement to the jury in a malpractice suit against an attorney. The controversy had its origin in the death of Giuseppe Niosi in Maryland in April 1933 as the result of being struck by a street car of the Washington Railway and Electric Company, one of the predecessors of the present Capital Transit Company. According to the complaint in the present case, Christopher Niosi, a brother of the deceased, was duly appointed in Maryland as administrator of his brother's estate and in November 1935 employed defendant, an attorney practicing in the Maryland and District of Columbia courts, to represent him in prosecuting a damage case against the Transit Company 'for causing the death of Giuseppe Niosi.' It was further alleged in the complaint that defendant undertook the case and filed suit in the name of plaintiff in Maryland, that defendant was grossly negligent in the conduct of the case, with the result that it was dismissed for lack of prosecution, that the Transit Company had offered $1,500 in compromise settlement, but that defendant had advised rejection of such offer and that all right to bring an action had been lost by the negligence of the defendant. Plaintiff asked for damages of $50 alleged to have been spent as costs and expenses, exemplary damages of $1,000, and 'general damages' of $1,950, or a total of $3,000.
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