Massachusetts Superior Court July 3, 2002, No. 9901191 (Pedro v. Gallone)

Garsh, J.

After review and hearing, the defendants’ motion for summary judgment is denied.

To succeed on a legal malpractice claim based on negligence in failing to communicate a defendant’s request for a demand below $400,000 and in failing to communicate other matters material to a plaintiffs decision whether to seek to settle and at what amount, the plaintiff must prove, in addition to