Morrison Mahoney Partners Jim Brawley and Patrick Day obtained a summary judgment in New London Superior Court in a legal malpractice action involving the drafting and execution of a will.

The plaintiff, a beneficiary under a prior will, alleged that our clients knew or should have known at the time they drafted the will and presided over a will-signing ceremony that the testator lacked mental capacity. A well-known neuropsychologist had concluded just weeks before the events, following a detailed examination, that the testator suffered from severe dementia and could not make decision regarding complex legal and financial matters. Jim and Pat argued that the three-year statute of limitations, which acts as a repose period under Connecticut law, had long-since expired and that, in any event, the plaintiff would have to offer expert testimony on the issues of standard of care, deviation, and causation regarding the attorneys’ conduct. The Court agreed with both arguments, and entered summary judgment accordingly.