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Richard Sykes v. andrew E. Schepp; Brady Law

December 24, 2012

RICHARD SYKES,
PLAINTIFF-APPELLANT,
v.
ANDREW E. SCHEPP; BRADY LAW,
CHARTERED, DEFENDANTS-RESPONDENTS.



Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Ronald J. Wilper, District Judge.

The opinion of the court was delivered by: Gratton, Chief Judge

2012 Unpublished Opinion No. 774

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order granting summary judgment, affirmed.

Richard Sykes appeals from the district court's order granting summary judgment dismissing his professional malpractice claim. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Sykes attended a fireworks display at Ann Morrison Park on July 4, 2010. While at the display, Sykes tripped over a curb injuring both of his rotator cuffs. Sykes then hired Andrew Schepp, an attorney at Brady Law Chartered, to file suit.*fn1 As it related to a potential claim against the City of Boise, no tort claim was ever filed, although respondents informed Sykes that the claim had been filed. On February 24, 2011, Sykes filed a complaint against respondents for professional malpractice for failing to timely file a notice of tort claim, thus preventing suit against the City of Boise.

Sykes filed a motion seeking summary judgment against respondents, claiming that respondents had violated the Idaho Rules of Professional Conduct. Respondents, in turn, filed a motion for summary judgment arguing that Sykes could not prove any damages because the City of Boise was immune from suit. The district court denied Sykes' motion and granted respondents' motion for summary judgment. The district court found that, because the City of Boise was immune from suit, the failure to file the notice of tort claim caused no damages to Sykes.

Sykes filed a motion for reconsideration in which he argued that the potential success of his lawsuit should have no bearing on whether respondents were liable for professional negligence. The district court denied Sykes' motion for reconsideration and awarded the respondents attorney fees and costs pursuant to Idaho Code § 12-120(3). Sykes timely appeals.

II.

DISCUSSION

Sykes argues two issues on ...


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