Fabian v. Lindsay

Ross Lindsay (defendant), a lawyer, drafted a trust for Erika Fabian's (plaintiff) uncle. As drafted, the trust gave Fabian property only if the other named beneficiary died before the uncle. Fabian claimed her uncle actually intended for her to inherit if that beneficiary simply failed to outlive both the uncle and his spouse, a broader condition than the document stated. Fabian sued Lindsay for legal malpractice, arguing the drafting error effectively cut her out of the inheritance. The circuit court dismissed her complaint for failing to state a claim, and Fabian appealed.