Fred Thorworth, whose wife, the late Norma Thorworth, was the first national president of the organization known as Mothers Against Drunk Drivers (MADD), has filed suit against the law firm of Nugent & Newnham, litigator Patrick M. Smith, and estate attorney Andrew J. Sussman. The suit seeks damages for legal malpractice, fraud, breach of fiduciary duty, intentional and negligent infliction of emotional distress as a result of their handling of a will contest action challenging Norma Thorworth's estate planning efforts. Norma Thorworth passed in 2001.
Norma Thorworth estsablished the first chapter of MADD in San Diego County, and pursued a rigorous course of media appearances so that she could help others prevent such happenings and secure strong laws. In 1985, she was elected the first president of the national organization of MADD, a position in which she served for three years. "Norma's historic contribution is responsible for saving countless lives," according to MADD officer Cindy Roarke.
Thorworth, who married the former Norma Phillips in 1998, seeks to establish special protection for "all those people in this country who think they are protected when they have lawyers assure them that their will is unbreakable." Thorworth seeks to establish a legal precedent to be known as 'Norma's Honor Law' ("Honor Last Asserted Wishes"), which he says, "will enshrine as law the doctrine that a properly drawn and executed will and trust be honored as the decedent intended and be inviolate."
Thorworth has retained famed trial attorney Mark Lane Esq., to lead his legal team that includes California attorney Jennifer Lynch, Esq. In the complaint, Thorworth states his late wife set up a trust for him to be able to take care of her four grandchildren, which specifically disinherited her stepson Harold "Skip" Phillips, Jr.
Norma anticipated the challenge to her will from Harold "Skip" Phillips, Jr., whom she had adopted when he was 28 years old during her marriage to Harold Phillips, Sr., now deceased. Thorworth asserts that despite Norma's diligence in securing legal assurances that the will and trust documents were "bullet proof," Thorworth says, "the challenge did come from (Phillips) 'Junior' and the judge ultimately gave an oral ruling which dashed the last wishes of Norma, to our total astonishment."
Thorworth alleges in his complaint that despite his many requests, his attorney, Patrick M. Smith and the Nugent & Newnham law firm did not call several witnesses at trial who could have testified as to the validity of Norma's will, even though the firm knew that these witnesses would be favorable to his case. Thorworth complains that his attorneys even failed to speak out when requested to do so by the judge on the central issues which would have clarified the judge's ruling in Thorworth's favor. "The record speaks for itself," Thorworth states, "but if this could happen to Norma after Norma had two separate attorneys affirm the validity and the strength of the will and the trust, it could happen to anyone in America."
The case is scheduled to go before the Honorable Judge Jay Bloom later this year.