The Tribune

By CELESTE NIXON Tribune Staff Reporter cnixon@tribunemedia.net CLAIMS of professional negligence against former MP and veteran attorney Malcolm Adderley have been dismissed. The lawsuit, which was filed shortly after Mr Adderley resigned from his Elizabeth seat in January 2010, alleged he cost the plaintiff Marva Thompson $60,000 in a real estate transaction performed in February 2006. However, according to the judgment handed down by Justice Stephen Isaacs, fraud was committed, but it "had nothing to do with the defendant (Mr Adderley)." He said: "There is no hint of misconduct, fraudulent process, gross negligence or gross ignorance on the part of the defendant. He acted in accord with general and approved practice." Mr Adderley was hired by Ms Thompson to give an opinion on a title of a property south of Carmichael Road, which she was seeking to purchase from Genevieve Sherman for $60,000. Two title searches were conducted by Mr Adderley, which found the title on the property was "good and marketable". Before the sales agreement could be prepared Ms Sherman died. Representing Ms Sherman, CF Butler & Associates proceeded to forward the title documents to Mr Adderley, with the conveyance executed by Ms Sherman's mother. When Ms Thompson began to develop the property, Andrew Sweeting, Ms Sherman's husband declared his claim to the property. It was argued by Ms Thompson's attorney, Donovan Gibson, that Mr Adderley had a legal duty to verify that the signature of Genevieve Sherman on the conveyance matched that on an Affidavit of Citizenship. As an attorney, Mr Adderley should have noticed the difference in the signatures and questioned the validity of the conveyance, Mr Gibson claimed, according to court documents. Noting that Mr Gibson was not a handwriting expert and he had presented no evidence from one, Justice Isaacs said the conveyance was already executed when it was sent to Mr Adderley. "The conveyance was forwarded to the defendant already executed by a person with the same name as the owner, but with no estate in the property whatsoever. "The conveyance was prepared by Butler and it had attached an affidavit attesting to the fact that Deborah Basden witnessed Genevieve Sherman sign, seal and execute the conveyance. I fail to see what requisition could be made by the defendant in these circumstances," the judge said. Costs were awarded to Mr Adderley.