FA+P’s attorney client drafted a property-settlement agreement at the direction of the plaintiff. The plaintiff claimed the agreement was negligently drafted; she filed suit, alleging legal malpractice against FA+P’s client. The plaintiff, however, admitted that she never read the PSA before she endorsed it. On a motion for summary judgment, the Salem Circuit Court held that the plaintiff’s failure to read the agreement was contributory negligence as a matter of law. In addition, the court granted summary judgment on two other grounds, holding that the plaintiff had no cause of action because she had not sustained any damage and that she will never sustain any damage.

Attorneys Phil Anderson and Andrew Gerrish represented the attorney client. Phil is a founding partner of FA+P and is a general civil-litigation attorney who concentrates his practice in the areas of professional liability, general property and casualty, insurance coverage, and commercial litigation. Andy is also a civil-litigation attorney with a focus in the areas of insurance defense; insurance coverage; premises liability; legal malpractice; professional liability; community associations; and architect, engineer, and contractor liability.