Clagett v. Dacy
Maryland Court of Special Appeals
420 A.2d 1285 (Md. Spec. App. 1980)
Relevant factsFree
The plaintiffs were the high bidders at a foreclosure sale, but the attorneys (defendants) conducting the sale on behalf of the mortgagee failed to follow the correct sale procedure, causing the plaintiffs to lose their chance to complete the purchase. The plaintiffs sued the attorneys directly for negligence in executing the sale; the trial court sustained the attorneys' demurrer, finding no duty of care existed toward the plaintiffs.
IssueFree
Whether an attorney may be held liable for damage to a third party caused by the attorney's negligence if a clear employment relationship is not established.