Question lingers on provisional admission approach

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 6, 2021 10:06 AM

John Landreth’s legal malpractice claim against Myers, Berry, O’Connor & Kuzma alleged he lost a breach of contract case against the City of Ottawa because MBOK failed to use the “provisional admission approach” to pry the door open for admission of extrinsic evidence that supposedly would have proved the agreement had an unapparent ambiguity that should have been resolved in his favor. “Under the provisional admission approach, although the language of a contract is facially unambiguous, a party may still proffer …

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