Merridy Kay Baker and Sue Carol Kunda, Petitioners v. Wood, Ris & Hames, Professional Corporation, a Colorado…

Summary

The court affirmed dismissal of the beneficiaries' professional-negligence and contract claims against the attorneys who prepared their father's estate plan. It retained Colorado's strict-privity rule, under which attorney liability to nonclients is generally limited to fraud, malicious or tortious conduct, including negligent misrepresentation, and held that neither proposed expansion of liability would support these claims because the will implemented the father's expressed plan. The court also affirmed dismissal of the fraudulent-concealment claim because it was subject to particularized pleading and the allegations did not show a duty to disclose, intended reliance, or detrimental action.