Hazel & Thomas, P.C. v. Yavari
In Hazel & Thomas, P.C. v. Yavari (Va. 1996) 251 Va. 162, 465 S.E.2d 812, plaintiff Yavari was represented by Hazell & Thomas in the negotiation of a sales contract of a purchase of land from Kline.
The purchase ultimately fell through, and Yavari lost his $ 1 million deposit and suffered a damages judgment in favor of Kline. Yavari subsequently filed suit against his attorneys, claiming they negligently failed to include certain terms in the sales contract which would have prevented his losses.
In reversing a judgment in Yavari's favor, the Supreme Court of Virginia held "Yavari had the burden of showing either that Kline would have agreed to include the above-listed provisions in the contract or that Yavari would not have signed the contract if Kline had refused to include them."
Because Yavari did not carry this burden, the Virginia Supreme Court found he failed to establish his damages were caused by the attorneys' negligence. (Hazell & Thomas, supra, 465 S.E.2d at p. 815.)