Missouri Court of Appeals, Eastern District / Apr 24, 2018
Daryl Duncan, Appellant, vs. Michael C. Dempsey and Baylard, Billingham, Dempsey & Jensen, P.C., Respondents.
Daryl Duncan sued his former attorneys, Michael C. Dempsey and his firm, for legal malpractice, alleging they failed to secure collateral for a promissory note in a business transaction. The trial court granted summary judgment for Dempsey, finding Duncan failed to present expert testimony on negligence and causation. The Eastern District of the Missouri Court of Appeals affirmed, holding that expert testimony was required for Duncan's professional negligence claim and that Duncan failed to properly request a continuance for discovery under Rule 74.04(f).