Perez v. Kirk & Carrigan

822 S.W.2d 261 (1991)

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Nature of the Case

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Facts

A school bus accident occurred. P attempted to stop his truck at a stop sign along his route, but the truck's brakes failed to stop the truck. P's truck collided with a school bus, and 21 children died. P was taken to a local hospital to be treated. D had been hired to represent Valley Coca-Cola Bottling Company. D visited P in the hospital for the purpose of taking his statement. P claims that Ds told him that they were his lawyers too and that anything he told them would be kept confidential. P gave a sworn statement. D had no further contact with him. D made arrangements for criminal defense attorney Joseph Connors to represent P. Connors was paid by National Union Fire Insurance Company which covered both Valley Coca-Cola and P for liability in connection with the accident. D without telling either P or Connors turned P's statement over to the District Attorney. D claims it was under threat of subpoena if they did not voluntarily comply. The district attorney used the statement to get a grand jury indictment for involuntary manslaughter for P's actions in connection with the accident. P sued D, along with Valley Coca-Cola, a number of other Coca-Cola entities, and National Union Fire Insurance Company. P asserted numerous causes of action against D for breach of fiduciary duty, negligent and intentional infliction of emotional distress. P alleged generally that D, Valley Coca-Cola, and National Union engaged in an overall plan to shift the blame for the accident away from them and onto P, by concealing information tending to show that Valley Coca-Cola's faulty maintenance of the brakes on the truck was the real cause of the accident. D moved for summary judgment claiming that no attorney-client or other fiduciary relationship existed, that even if a fiduciary relationship did exist no damages resulted from the asserted breach. D got the summary judgment and P appealed.