In Burton v. Merrill, 612 A.2d 862 (Me. 1992) Plaintiff brought a multi-count complaint. "The trial court dismissed Burton's claims of breach of contract and loss of consortium and later directed a verdict . . . on Burton's claim that the defendant was negligent in failing to file the counterclaim" Id, at 864.
A verdict was returned on the malpractice count which included lost sums for building material and labor. The Law Court, Clifford, J., said:
"The court's instruction on damages sufficiently informed the jury on the law of damages, and made clear that Burton could be awarded damages only if the jury found Merrill's conduct harmed Burton and then only to the extent that Burton was harmed. . . . Because we affirm the judgment in Burton's favor, we need not address the contentions raised by Burton in his cross appeal." Id at page 866.