(Solution Download) 1 If the children had suffered no harm as a

1. If the children had suffered no harm as a result of the attorney?s malpractice, would the outcome of this case have been different? Why or why not?
2. Why did the court affirm the dismissal of Guido?s individual claim but not the claims that she had brought on behalf of the children?

[Reyna] Guido is the mother of two minor children. [Domingo] Martinez, the children?s father, died after he was run over by a car on July 8, 2001. Martinez was the victim of a hit-and-run accident. Guido, as personal representative of Martinez?s estate, retained [Sandra] Stern to file a wrongful death lawsuit. On July 8, 2003, Stern filed a wrongful death complaint in the district court. But Stern admits that she never perfected service of the complaint, and because the complaint was not served within six months of filing, the case was dismissed by operation of law.


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