Attorneys — Tort/Negligence – Legal Malpractice – Contributory Negligence – Real Property – Subordination Agreement & Satisfaction Notice

Keyes v. Delk (Lawyers Weekly No. 14-16-1137, 20 pp.) (Douglas McCullough, J.) Appealed from Caldwell County Superior Court (James Morgan, J.) N.C. App. Unpub.

Holding: Plaintiff admitted that he read the 2009 subordination agreement and the 2010 satisfaction notice presented to him by the defendant-attorney, did not understand them, but did not ask the attorney to explain them before he signed them. As a result, plaintiff’s contributory negligence bars his legal malpractice claim.

We affirm summary judgment for defendant.

Plaintiff conceded that the attorney never informed him that the first document was anything other than a subordination agreement and that “he didn’t trick [him] into signing” the subordination agreement. There is also no evidence that the attorney misrepresented the notice of satisfaction to plaintiff.

Even if defendant served as plaintiff’s attorney in these matters, plaintiff failed to act with reasonable prudence by ascertaining for himself the contents of the documents he was signing. These facts, showing that plaintiff failed to exercise ordinary care for his own safety against injury, clearly establish contributory negligence on the part of plaintiff.

Plaintiff’s reliance on Vail v. Vail, 233 N.C. 109, 63 S.E.2d 202 (1951), is misplaced because there was no evidence that defendant’s actions in this case consisted of a false representation or concealment of a material fact.

Affirmed.