Summary judgment granted on legal malpractice action where plaintiff failed to timely produce an expert report.

The plaintiff in this legal malpractice action failed to produce an expert report by the deadline provided in the case management order. The trial court held that the plaintiff would, therefore, be precluded from offering expert testimony at trial and that such testimony was necessary to prove the plaintiff’s legal malpractice claims. In affirming dismissal of the claims on this basis, the Superior Court found that the plaintiff “was given ample time in which to satisfy its evidentiary burden of producing an expert report but failed to act with due diligence to accomplish this” and, thus, entry of summary judgment was appropriate. 

^{Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}