In the Appellate Court of Illinois, Fifth District, a legal malpractice lawsuit was filed by David J. Fletcher, M.D., against Edward F. Flynn and his law firm Winters, Featherstun, Gaumer, Postlewait, Stocks & Flynn. The case ID is 5-22-0818 and it was filed in Macon County Circuit Court with Judge James R. Glenn presiding.
The plaintiff alleges that he retained Flynn's services in November 2004 for a real estate development project in Mt. Zion, Illinois. Fletcher claims that Flynn failed to provide proper legal advice and services which led to significant economic losses including property value diminution, costs to resurvey the property, lost opportunity costs, and legal fees defending himself in a lawsuit by the development’s homeowners’ association.
On the other hand, Flynn denied these allegations of negligence and instead argued that Fletcher's losses were due to his own contributory negligence, comparative negligence, failure to mitigate damages as well as negligence by non-parties.
Fletcher seeks judgment notwithstanding the verdict because he believes that when evidence is viewed favorably towards Flynn, it overwhelmingly favors him such that no contrary verdict could stand. However, the court affirmed the initial verdict favoring Flynn.