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Anderson v. Jones

The trial court properly granted summary judgment to the attorney and his law firm in a legal malpractice case based on the attorney's representation of the plaintiff in settling her family's personal injury claims for a lump sum amount.

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Ashden Anderson formerly Norton filed suit against her father, Scott Norton, and attorney Billy Jones and Jones’ law firm, Jones, Osteen and Jones collectively “Jones”, alleging that Norton and Jones breached fiduciary duties owed to her and that Jones committed legal malpractice. Norton and Jones filed motions for summary judgment, which the trial court granted. Anderson appeals from that ruling. For reasons that follow, we affirm the trial court’s grant of summary judgment in Case No. A13A0507.1

Viewed favorably to Anderson,2 the evidence shows that, on December 20, 1995, five-year-old Anderson and her family were involved in a serious motor vehicle accident with a truck driven by an employee of Del Monte Fresh Produce N.A., Inc. “Del Monte”. Anderson’s injuries included a severed left hand, which was reattached, and a fractured skull. Norton sustained a ruptured spleen, broken ribs, a broken sternum, and a broken foot. Anderson’s mother, Lisa Cantey formerly Norton, sustained broken ribs and a scalp laceration. Anderson’s younger brother, Jared Norton, was not injured.

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