In October 2016, Karen Gosciminski allegedly drove her car into the back of George Vazquez’s Volvo sedan. The accident happened inside the Golden Nozzle Car Wash on Russell Street in Hadley.
George sued Karen seeking damages for his injuries, medical expenses, and lost wages. The cover sheet accompanying his complaint estimated damages of $32,322.21.
The matter was settled after a two-day jury trial in Hampshire Superior Court. The jury sided with George and awarded him $22,500.
Unhappy with the amount of the judgment, George filed a motion for “release from judgment” under Mass. R. Civ. P. 60(b). A superior court judge denied the motion and George filed an appeal.
On appeal, George claimed that he was entitled to a new trial “due to personal conflicts and a personality clash” with his lawyer that “squandered [his] opportunity for a fair, impartial jury trial.”
In essence, George argued that his lawyer–who was successful at trial–committed malpractice.
The Appeals Court rejected the idea that legal malpractice was the grounds for a new trial.
to the extent that Vazquez argues his attorney committed malpractice, a claim for which we discern no support, the proper remedy is not to grant a new trial. A malpractice claim against an attorney is an independent cause of action that Vazquez would have to pursue against his attorney separately.
Accordingly, the Appeals Court denied George’s motion seeking a “release from judgment.”
The full text of the opinion is attached below.