Facts: Our client, GD, hired Bertolino Law Firm to defend him in an appeal concerning a patient’s civil malpractice claim in connection with dental work our client performed. The firm represented GD in the trial court, and we won the case at the summary judgment stage based on several arguments, but the patient appealed.
Outcome: The firm submitted a brief to the court of appeals explaining why the trial court judgment was correct. While preparing the brief, we recognized a misstep the other side made by failing to address a key aspect of the trial court’s judgment. We successfully argued that because this issue was not addressed, the court of appeals should decide the case in our client’s favor without considering the other side’s legal arguments. As a result of this waiver argument, the court of appeals immediately ruled in our client’s favor, and our client did not have to continue with a lengthy legal proceeding that could have gone on for another year.
