Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Torts/Personal Injury

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NJ: Legal Malpractice: Exception to the Entire Controversy Doctrine

Posted in Entire Controversy Doctrine, Litigation, New Jersey, Torts/Personal Injury
Donohue v. Kuhn, 696 A.2d 664 (N.J. 1997)  NJ Underlying case: tort/personal injury/wrongful death Student Contributor: John Anzalone Facts: Plaintiffs retained Defendant attorney to represent them in a wrongful death and survivorship suit. The attorney failed to file the cases during the applicable  time period.   Plaintiffs secured another attorney after the statute of limitations … Continue Reading

KY: Judge As A Witness Not Permitted

Posted in Torts/Personal Injury
Marrs v. Kelly, 95 S.W.3d 856 (Ky. 2003) KY: Underlying Workers Compensation Student Contributor: Louis Dell Facts: Mars injured her back at work and brought a workers compensation claim. Mars was represented by Kelly. She received a 10% occupational disability settlement. Several years later she injured her back again and received the same settlement. She … Continue Reading

FL: Clear and Convincing Evidence Required to Establish Fraud on the Court

Posted in Florida, Torts/Personal Injury
Cherubino v. Fenstersheib and Fox, P.A., 925 So.2d 1066 (Fla. App. 2006) FL: Underlying Automobile Action in Tort Student Contributor: David Drescher FACTS: Anthony Cherubino was involved in a car accident and he and his wife Lucy Cherubino hired Fenstersheib and Fox to represent them. After filing suit, the trial court dismissed the action for … Continue Reading

NY: Actual Knowledge of Ongoing Hazardous Conditions Constitutes Constructive Notice for Each Recurring Incident

Posted in But for-Proximate Cause, New York, Torts/Personal Injury
Lowe v. Spada, 282 A.D. 2d 815 (N.Y. 3rd Dept. 2001) NY: Tort Law Student Contributor: Adam Gardin Facts: Plaintiff commenced an action against defendants for failing to timely commence a personal injury action against the maintenance company responsible for cleaning the bathroom where she suffered a slip-and-fall. Defendants claimed that plaintiff would not have … Continue Reading

NY: Actual Knowledge of Ongoing Hazardous Conditions Constitutes Constructive Notice for Each Recurring Incident

Posted in But for-Proximate Cause, New York, Torts/Personal Injury
Lowe v. Spada, 282 A.D. 2d 815 (N.Y. 3rd Dept. 2001) NY: Personal injury. Premises liability Student Contributor: Adam Gardin Facts: Plaintiff commenced an action against defendants for failing to timely commence a personal injury action against the maintenance company responsible for cleaning the premises where she suffered a slip-and-fall. Defendants claimed that plaintiff would … Continue Reading

MD: Joint Liability for Joint Representation: Yes or No?

Posted in Maryland, Torts/Personal Injury
Blondell v. Littlepage, 413 Md. 96, 991 A.2d 80 (2010). MD: Underlying Joint Representation of Medical Malpractice Claim Student Contributor: Vanessa L. Wachira  Facts: Six months after Lois Corbin (“Client”) had a mammogram performed by Dr. Amile Korangy (“Doctor”) she detected a lump in her breast and scheduled an appointment with her gynecologist, Dr. Dee … Continue Reading

NY: Double Header: Case within a case, Within a Case…Plaintiff’s verdict Upheld

Posted in Case Within a Case, Duties: Investigate, Litigation, New York, Torts/Personal Injury
Christ v Law Offs. of William F. Levine & Michael B. Grossman, 72 A.D.3d 721 (2d Dep’t 2010) NY: Underlying legal malpractice suit Student contributor: Zahava Schwartz Facts: The underlying case was another legal malpractice action where the clients alleged that the lawyer did not timely bring a property damage claim from a sewer backup … Continue Reading

NY: Procedural Defect Yields Failure to Timely Commence an Action

Posted in New York, Proximate Cause, Statute of Limitations, Torts/Personal Injury
Wilk v. Lewis & Lewis, P.C., 75 A.D.3d 1063 (4th Dep’t 2010) NY: Underlying personal injury action Student Contributor: Zahava Schwartz Facts: The plaintiff was injured while repairing railroad cars. He hired defendant lawyers to handle this case against his employer. His lawyers did not commence the suit on time and he was time barred … Continue Reading

NJ: Legal Malpractice Expert Shielded by Absolute Litigation Privilege

Posted in Expert Witnesses, New Jersey, Privity, Torts/Personal Injury
Reilly, Supple & Wischusen, LLP v. Malcolm Blum v. Michael P. Ambrosio (NJ App. Div. March 9, 2011 UNPUBLISHED) NJ: Underlying legal malpractice action FACTS:  Attorney Blum was sued by a former client   in an underlying legal malpractice action,   which was dismissed on summary judgment eventhough plaintiff had a legal malpractice expert report.  Blum was represented … Continue Reading

CT: Trial Court May Enforce a Settlement When Its Terms Are Not In Dispute

Posted in Connecticut, Litigation, Torts/Personal Injury
Waldman v. Beck, 101 Conn. App. 669, 922 A.2d 340 (2007). CT: Underlying personal injury matter Student Contributor: Laura Binski Facts: The client hired the lawyer to represent her in a personal injury claim. The lawyer failed to appear in court on behalf of his client on several occasions and the complaint was dismissed with … Continue Reading

VA: Attorney Not Liable to Adversary Client for Negligence

Posted in Standard of Care, Torts/Personal Injury
Ayyildiz v. Kidd, 220 Va. 1080, 266 S.E.2d 108 (Va. 1980) VA: Underlying personal injury action Student Contibutor: Karen Dindayal Facts: Plaintiff, Ayyildiz is a doctor who was sued for malpractice by his patient, Grubb, and won the suit. Thereafter, Ayyildiz filed a motion for judgment against Grubb’s counsel, Edward S. Kidd, Jr., alleging malicious prosecution, … Continue Reading

NC: No Privity? No problem. Privity Not Required at Time of Injury to Sustain Malpractice Action

Posted in North Carolina, Privity, Torts/Personal Injury
Wood v. Hollingsworth, 166, N.C. App 637, 603 S.E.2d 388 (2004) NC: Underlying Personal Injury Claim Student Contributor: Vanessa L. Wachira Facts: After sustaining injuries in an automobile accident on March 8, 1997, Client retained the services of Barbara Hollingsworth (Attorney).  In December 1999 Client instructed Attorney to file suit against the other driver.  In … Continue Reading

CT: Tolling Statute of Limitations When There is Continuous Representation

Posted in Connecticut, Torts/Personal Injury
Farnsworth v. O’Doherty, 85 Conn. App. 145, 856 A.2d 518 (2004). CT: Underlying negligence case Student Contributor: Laura Binski Facts: In 1994, the clients hired the lawyer to help them recover money after the alleged negligent construction of an addition to their home. In 1995, the lawyer filed a complaint for the clients against the … Continue Reading

CT: No Duty to Offer Client Medical Advice to Enhance Value of Case

Posted in Connecticut, Litigation, Torts/Personal Injury
Wooten v. Heisler, 82 Conn. App. 815, 847 A.2d 1040 (Conn. App. 2004). CT: Underlying personal injury matter Student Contributor: Laura Binski Facts: The client was injured in a car accident and hired the lawyer to help him recover damages. After the lawyer brought a negligence action against the other driver, the client fired him … Continue Reading

7th Cir. No harm, no malpractice, even if the underlying settlement is “coerced”.

Posted in Damages, Defenses, Federal, Labor & Employent, Litigation, Torts/Personal Injury, Wisconsin
McKnight v. Dean, 270 F. 3d 513 Underlying legal malpractice action Student Contributor: Clem Durham Facts: A dispute then arose between McKnight and Gingras, the lawyer who had handled the case in the district court, concerning attorneys’ fees. This dispute led Gingras to sue McKnight in a Wisconsin state court. One of McKnight’s defenses in … Continue Reading

CT: Client argues two letters mailed into state by law firm subjects them to jurisdiction; court says no.

Posted in Connecticut, New York, Torts/Personal Injury
Green v. Simmons, 919 A.2d 482 (Conn. App. 2007) CT: Underlying premises liability: Long Arm Jurisdiction Student Contributor: Eric B. Kang Facts: In 2001, Albert Green hired Reginald D. Simmons & Associates, a law firm based in South Carolina, to represent him in a personal injury action in which Green was injured while he slipped … Continue Reading

CT: No Need for Underlying Case to be Settled before Filing Legal Malpractice Claim

Posted in Connecticut, Torts/Personal Injury
Mayer v. Biafore, 245 Conn. 88, 713 A.2d 1267 (1998). CT: Underlying personal injury action Student Contributor: Laura Binski Facts: The client hired the lawyer to help him with a personal injury action involving a motor vehicle accident. The lawyer settled the client’s personal injury case for $10,000 (the limit of the tortfeasor’s liability policy), … Continue Reading

IN: No “Accidental” Client-Lawyer Relationships

Posted in Indiana, Prospective Clients, Statute of Limitations, Torts/Personal Injury
Douglas v. Monroe, 743 N.E.2d 1181 (Ind. Ct. App. 2001) IN: Underlying wrongful death claim Student Contributor: Jeff Cain Facts: A college freshman drowns in his school’s pool. His mother is too distraught to seek counsel, but his older brother, who is a bank security guard, sees a lawyer in the lobby of the bank. … Continue Reading

WV: Action in Tort Independent from Action in Contract

Posted in Litigation, Statute of Limitations, Torts/Personal Injury, West Virginia
Harrison v. Casto, 165 W.Va. 787, 271 S.E.2d 774 (W.Va. 1980) WV: Underlying  personal injury and legal malpractice actions Student: Karen Dindayal Facts: Plaintiff, Paul H. Harrison hired attorney Don Kingery (#1) to file a personal injury action against Piedmont Airlines for injuries allegedly suffered while a passenger on a Piedmont plane. King failed to … Continue Reading

NY: Lawyer’s Duty to Research Choice of Law and Advocate it to the Court

Posted in New York, Torts/Personal Injury
DiTondo v. Meagher, 24 Misc. 3d 720, 883 N.Y.S.2d 690 (Sup 2009). NY: Underlying negligence action, choice of law Student Contributor: Nicole Milone Facts: Joseph DiTondo (“DiTondo”) was injured while unloading a chain link fence he delivered to a National Rent-A-Fence facility in North Carolina. DiTondo hired Frederick J. Meagher, Jr of Meagher & Meagher … Continue Reading

WI: Lawyer does not have unrestricted access to medical information

Posted in Torts/Personal Injury, Wisconsin
Seltrecht v. Bremer, 536 N.W.2d 727 (Wis. Ct. Apps. 1995) WI: Underlying Medical Malpractice Student Contributor: Jeff Cain Facts: Patient was prescribed an anti-nausea medication during pregnancy. After baby was born with birth defects, patient retains an attorney. Attorney mistakenly claims that the statute of limitations has ran out on their claim against the doctor. … Continue Reading
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