- 23 - Sparks9 and that the Glovers lacked standing to assert a claim for any malpractice that Eckell, Sparks may have committed while handling matters for the estate; (4) dismissing with prejudice count IV, finding that the administrators pro tem. lacked standing since they did not allege conduct covered by RICO, and that the Glovers lacked standing to bring such an action under RICO against Eckell, Sparks; and (5) dismissing with prejudice count V, finding that a claim for punitive damages was not a separate cause of action and that the plaintiffs had not alleged sufficient facts to support their assertion that Eckell, Sparks’s conduct was “outrageous”. The plaintiffs appealed to the superior court. The superior court affirmed the order of the lower court except with regard to the dismissal of the predeath malpractice claim by the administrators pro tem. against Eckell, Sparks. The superior court reversed and remanded the case for consideration of that claim. On April 17, 2000, the Orphans’ Court, sua sponte, raised the issue of the reasonableness of the compensation paid by the estate to Ms. Hurley and Eckell, Sparks. The Orphans’ Court entered an opinion and decree requiring Ms. Hurley and Eckell, Sparks to repay the amounts they had received from decedent’s estate. 9 The court, however, granted the administrators pro tem. additional time to file an amended complaint to state adequate facts establishing breach of duty and causation in count III.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011