Camp v. Peetluk

Attorneys Scott Camp and David Whitman filed suit against attorneys Ellis W. Peetluk and Robert H. Benfield, Jr. Camp and Whitman alleged that Peetluk breached their joint representation agreement. They further alleged that both Peetluk and Benfield breached an oral escrow agreement and converted the funds that were to be set aside under that agreement. Peetluk and Benfield obtained summary judgment on all claims. Because we find that jury issues remain as to whether Peetluk breached the joint representation agreement and failed to exercise good faith in the performance of his duties under that agreement, we reverse, in part, the judgment as to Peetluk only. We affirm the portion of the trial court’s order granting summary judgment to both Peetluk and Benfield on the claims for breach of the escrow agreement and conversion. This case arises out of a multi-vehicle collision that occurred in September, 1996 and that involved a tractor-trailer operated by an employee of Ingles Markets, Inc. Two children died as a result of the collision. Peetluk represented the childrens’ father, Mr. Harper, in a civil action against Ingles.1 The Harper case settled in mid-trial in June 1998.

Meanwhile, in October 1996, John Williams, who was injured in the same collision, retained the law firm of Camp & Camp to represent him in a personal injury action. Whitman was associated to help with the lawsuit. In October 1997, Whitman filed suit in Fulton County State Court on behalf of Williams against Ingles and the driver. The action was removed to federal court.