SCM NEWS & OPINIONS

Gregory & Swapp, PLLC v. Kranendonk, 2018 UT 36 (July 26, 2018)

In this legal malpractice action, the jury awarded the plaintiff $2.75 million in non-economic damages arising out of emotional distress.  Vacating and remanding for a new trial, the supreme court held that the trial court erred in allowing the plaintiff to recover damages for emotional distress based on a breach of contract theory, where neither the nature nor the language of the contract demonstrated that emotional distress damages were expressly contemplated by the parties.