Steinbach v. Meyer ( 1987 )

SACKETT, Judge

(specially concurring).

The plaintiffs appeal from a summary judgment for defendant law firm and attorney. The basis of the plaintiffs’ complaint is their line of credit was terminated because of the lawyer’s action or inaction. Defendant Meyer was a member of the board of directors, that terminated the plaintiffs’ credit.

The uncontroverted facts are the plaintiffs’ line of credit would have been terminated irrespective of any action or inaction on the part of defendant lawyer or law firm. The members of the board of directors filed affidavits stating their vote would have been the same irrespective. Plaintiffs do not contradict these facts. As such there is no evidence from which a trier of fact could determine the actions or inactions of the defendant attorney and/or law firm caused the damages for which plaintiffs are claiming relief. Plaintiffs have failed to show necessary damages and accordingly I concur with the majority’s affirmance of the trial court’s order granting summary judgment.