Personal Injury Legal Malpractice Case

The November 21, 2013 Justia.com Injury Law Summary features a case involving personal injury legal malpractice, in a case titled “Pete v. Anderson.”

This case illustrates various aspects of legal malpractice.

In the case, professional legal malpractice is claimed.

The underlying personal injury wrongful death lawsuit stemmed from the following vehicle accident, excerpted from the Kentucky Supreme Court ruling:

On October 17, 2001, Michael Anderson was killed when the van that he was driving struck a retaining wall, partially ejecting Anderson from the vehicle. The van, which was owned by Anderson’s employer, was equipped with a pedestal-style driver’s seat with a locking mechanism that allowed the operator to position the seat. This mechanism was apparently malfunctioning on the day of the fatal accident.

An excerpt from the ruling, regarding the legal malpractice lawsuit:

Two years later, Malik, by and through Elizabeth, and Michael, Jr., now of the age of majority, filed a professional negligence action against Pete alleging negligence, gross negligence and breach of fiduciary duty, as well as negligent or fraudulent misrepresentations. Pete moved for summary judgment arguing that there was no attorney-client relationship between Pete and theĀ children, and that any other claims of the estate were barred by the statute of limitations. The trial court granted Pete’s motion, finding that Michael, Jr. and Malik were not in privity with Pete, and thus lacked standing to sue for professional negligence.

Additional details can be seen in the Justia.com summary mentioned above, as well as the Kentucky Supreme Court ruling.