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Attorney malpractice case is dismissed as client cannot prove she would have prevailed where she was not certified as disabled

Janell Bowden worked for the State in the motor pool for 27 years.  When she developed neck and shoulder problems, a clerical job was created to accommodate her.  In 2008, she applied for disability, but the examiner refused to certify her as permanently disabled.  She hired a law firm to appeal the state's denial of disability, but the lawyers were late in getting the appeal filed.  She then sued the lawyers. 

The Court of Appeals dismissed the claim because, pursuant to a recent decision of Michigan's appellate courts, if Bowden wasn't certified as "disabled" her appeal could not be successful:  therefore, her attorneys' error did not "cause" her to suffer any damages.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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