Curseen v. Buchanan Ingersoll
Curseen v. Buchanan Ingersoll
Opinion of the Court
Appellants, the estate of Joseph P. Cur-seen, Jr. (“estate”) and Celestine Curseen, his widow, appeal from an order of the Superior Court dismissing, with prejudice,
I.
Joseph Curseen was a postal employee at the Brentwood Mail Distribution Center in Washington, D.C. In October of 2001 a letter containing anthrax spores was sent to Senator Tom Daschle and passed through the Brentwood facility. Mr. Cur-seen was exposed to those anthrax spores, and he soon became ill and died. In separate litigation, appellants have alleged that his death was attributable to negligent medical care and an inadequate response by postal officials.
On October 30, 2001, appellees Buchanan Ingersoll, P.C., and Steven Hilton, Esquire, agreed to represent Mrs. Curseen and the estate pro bono. In pertinent part, the retainer agreement signed by the parties reads:
Buchanan will assist [Mrs. Curseen] generally in addressing legal issues that arise from the loss of [her] husband, Joseph Curseen, Jr. These issues include, but are not limited to, general legal advice, probate and estate matters, counseling, benefits analyses, management of monetary donations, and initial counseling regarding potential claims arising from the death of [her] husband.
Appellants later retained present counsel, who filed a medical malpractice complaint. That lawsuit has been removed to the United States District Court for the Dis
II.
“Because a motion to dismiss a complaint under Rule 12(b)(6) ‘presents questions of law, our standard of review ... is de novo.’ ” Fraser v. Gottfried, 636 A.2d 480, 432 n. 5 (D.C. 1994) (quoting Johnson-El v. District of Columbia, 579 A.2d 163, 166 (D.C. 1990)). We apply the same standard as the trial court, meaning “we accept the allegations of the complaint as true, and construe all facts and inferences in favor of the plaintiff.” Atkins v. Industrial Telecommunications Ass’n, 660 A.2d 885, 887 (D.C. 1995).
To prove legal malpractice, a plaintiff must show an applicable standard of care, prove a breach of that standard, and demonstrate a causal relationship between the violation and the harms enumerated in the complaint. O’Neil v. Bergan, 452 A.2d 337, 341 (D.C. 1982). In this case appellants’ ability to prove causation and damage appears to depend (at least substantially) on the outcome of the other pending litigation mentioned above. If they fail to prevail on those claims, or if they are awarded smaller amounts of damages than desired, appellants likely will attribute these shortfalls to the alleged negligence of appellees, their former counsel.
Thus, appellants seem to make an anticipatory claim of legal malpractice.
The complaint satisfies the requirements of Rule 8(a) because it gives the defendant law firm fair notice of the basis for this suit. The appellants clearly assert that appellees owed them a duty of care, they allege breaches of that duty, and they claim they have been injured as a result of those breaches.
III.
Appellees obviously believe that, if called upon at this moment to do so, appellants would not be able to prove damages or the other elements of their claim. Nevertheless, overcoming a Rule 12(b)(6) motion simply requires a sufficient pleading, not actual proof. Therefore, we reverse the judgment of dismissal and remand this case for further proceedings.
So ordered.
. The words “with prejudice" do not appear in the court’s order dismissing the appellants’ case. However, Super. Ct. Civ. R. 41(b) provides that "[u]nless the Court in its order for dismissal otherwise specifies, a dismissal ..., other than a dismissal for lack of jurisdiction, or for failure to join a party under Rule 19, operates as an adjudication upon the merits.” Therefore, as the court did not indicate otherwise, the dismissal is deemed to be with prejudice. See Granville v. Hunt, 566 A.2d 65, 66 n. 1 (D.C. 1989) (“A dismissal under Rule 41(b), unless otherwise specified, is with prejudice.”); see also Okusami v. Psychiatric Inst. of Washington, 295 U.S.App.D.C. 58, 62, 959 F.2d 1062, 1066 (1992) (a dismissal for failure to state a claim on which relief can be granted is a resolution on the merits and is ordinarily with prejudice).
. Appellants do, however, allege that a potential claim for intentional infliction of emotional distress has already been precluded by the passage of time.
. Actual, not speculative, damage is required to succeed on a legal malpractice claim. See, e.g., Poole v. Lowe, 615 A.2d 589, 593 (D.C. 1992) ("[TJhere must at least have been injury not dependent upon a contingent or uncertain event; for then the fact of damage would be speculative and a cause of action would not have accrued” (internal quotation, citation, and editing omitted)); Knight v. Furlow, 553 A.2d 1232, 1235 (D.C. 1989) ("a claim for legal malpractice does not accrue until the plaintiff-client has sustained some injury from the malpractice;” " ‘[t]he mere breach of a professional duty, causing only nominal damages, speculative harm, or the threat of future harm- — not yet realized — does not suffice to create a cause of action for negligence’ ” (emphasis added) (quoting Budd v. Nixen, 6 Cal.3d 195, 98 Cal.Rptr. 849, 491 P.2d 433, 436 (1971))).
.The complaint describes in great detail the circumstances surrounding Mr. Curseen's death, suggesting that the terrorist who sent the anthrax spores is not the only one to blame. It also discusses the nature of appel-lees’ legal representation and perceived shortcomings in that representation. Paragraphs 99 and 100 allege that
”[b]ut for the Defendants’ negligence, Plaintiffs would have prevailed on all claims and would have collected all allowable damages against the various public and private entities .... As a result of Defendants’ negligence, Plaintiffs have suffered damages, including economic loss and emotional damages, and the preclusion of certain claims that could have been brought against various public and private entities, and the inability to recover all allowable damages resulting from Joe Cur-seen's death.”
. The pleading standards of Rule 8(a) are subject to the requirement that “the allegations and other factual contentions have evi-dentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.'' Super. Ct. Civ. R. 11(b)(3). There is no claim before the trial court or before us alleging a violation of Rule 11.
Reference
- Full Case Name
- In re ESTATE OF Joseph P. CURSEEN Celestine Curseen v. Buchanan Ingersoll
- Cited By
- 1 case
- Status
- Published