Anderson v. O'brien

2005 WL 3624382 (2005)

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Nature of the Case

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Facts

P is an elderly, childless widow that was living alone in her home located in a desirable neighborhood. O'Brien (Ds) (who are husband and wife) befriended her with the purpose of convincing her to sell them her home. P had no desire to sell her home. Ds eventually included in their offer to purchase, an offer to build a cottage for P on the property where she could live out her life and be treated as part of the family. Ds agreed to assume all responsibility for the construction of the cottage. Ds arranged for their lawyer, D, to represent the P in the real estate transaction. Without any warning, Ds came to P's home and told her they were picking her up to take her to the closing. P was ill on that day. P inquired of both D and Ds as to whether she should have her own attorney. She was reassured that D was a good lawyer and that he would take care of all of the parties. P did not read any of the closing documents nor were they read to her. P signed the documents. None of the closing documents referred to the P's life estate in the property. After closing Ds were rude and cruel and kept all details of the construction of her cottage from her. A small barn-like structure was built for her. It could not accommodate her furnishings. P filed an eleven-count against Ds and D. Counts seven through eleven are against D. Count seven alleges legal malpractice, count eight recklessness, count nine fraudulent representation, count ten alleges that D violated CUTPA and count eleven a breach of fiduciary duty by D. D filed a motion to strike counts eight, ten and eleven.