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eBook details

• Title: Cecil Browne v. James A. Robb
• Author : Supreme Court of Delaware
• Release Date : January 05, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

We review a plethora of civil claims asserted by plaintiff Cecil Browne against his former counsel, James A. Robb, Esquire.
The latter was appointed to represent Browne, as an indigent accused of a crime, pursuant to 29 Del.C. § 4605.
1 After his conviction Browne filed suit against Robb in the Superior Court claiming: (1) legal malpractice; (2) Robb's
breach of contract to the court by failing to take certain action during Browne's criminal trial; and (3) common law fraud
by Robb's misrepresenting the level of his legal skills and experience. Browne also claimed deprivations of his 4th, 5th,
6th, 8th and 14th Amendment rights and sought $500,000 in punitive damages, $500,000 in compensatory damages and all legal
fees. Robb moved to dismiss for failure to state a claim under Superior Court Civil Rule 12(b)(6). The trial court granted the
motion. Browne v. Robb, Del. Super., C.A. No. 90C-JA7, Ridgely, J., slip op. (Mar. 2, 1990). We agree and affirm. Mr. Robb,
as a court-appointed contract lawyer enjoys qualified immunity from legal malpractice claims under the State Tort Claims Act
10 Del.C. § 4001. Plaintiff's complaint was insufficient to rebut the presumption of statutory immunity. Browne's
appeal of the dismissal of his breach of contract claim against Robb is also meritless. He is not a beneficiary to the agreement
between Robb and the State. Thus, he lacks standing to sue on the contract. Finally, Browne cannot sustain a fraud claim against
Robb because his complaint did not meet the specificity requirements of Superior Court Civil Rule 9(b).

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