Lawyers had duty to son in settlement

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 20, 2014 3:13 PM

Perry Powell’s mother, Leona Smith, was appointed guardian of his person (but not his estate) after a judge ruled Powell was disabled because of severe mental disabilities. After Powell’s father died — allegedly because of medical malpractice — Smith (as special administrator of the decedent’s estate) hired attorneys to pursue a wrongful-death claim. But when Smith agreed to a settlement that included $118,000 for her son, the lawyers allegedly fumbled the handoff to Powell’s estate …

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