(dissenting).
I respectfully dissent. The issue in this case is one of causation, not negligence. Even assuming negligent supervision, the Donovan law firm had no control over attorney Larson or the file after December 31, 1982. With Iowa Mutual’s consent and approval, attorney Larson was the only lawyer handling their litigation from January 1,1983 until the date of trial, some two and one-half years later. Thus, any negligence on the part of the law firm in supervising attorney Larson prior to 1983 was too remote to cause Iowa Mutual’s damages.
The affidavit of appellants’ expert raises mere possibilities concerning the ability to prepare an effective defense. The expert opines that certain events prior to 1983 may have affected the trial preparations. However, the expert fails to state that pre-1983 incidents caused Iowa Mutual’s damages. Opinion testimony regarding “possibilities” does not rise to the level of admissible facts based on personal knowledge as required by the plain language and policy of Minn.R.Civ.P. 56.05. To defeat a summary judgment motion, the nonmoving party must come forward with specific facts showing that there is a genuine issue for trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). Appellants have failed to offer competent evidence causally linking the Donovan firm to their damages.
In responding to a motion for summary judgment, appellants cannot rely upon surmise and speculation by their expert as to what could be presented at trial. They failed to make a showing sufficient to establish the existence of an element essential to their legal malpractice case. See Paoletti v. Zlimen, 396 N.W.2d 893, 896 (Minn.Ct.App.1986), pet. for rev. denied (Minn. Feb. 13, 1987). Since there were no disputed fact issues regarding causation, the trial court properly granted summary judgment in favor of respondent Donovan law firm.