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Legal Malpractice

: New York Attorney Malpractice Blog

A Last Attempt for a Legal Malpractice Plaintiff

By (Andrew Lavoott Bluestone)

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Its a most unusual case, and one rarely sees a law firm in Bankruptcy. IN RE: THE LAW FIRM OF FRANK R. BAYGER, P.C., Debtor.09-CV-735A;UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK;2010 U.S. Dist. LEXIS 51537;May 24, 2010, illustrates how tenacious a legal malpractice plaintiff may be.

"The events underlying the Bankruptcy Order trace back to a personal injury lawsuit that the debtor prosecuted in the late 1990s. In 1996, the debtor commenced a personal injury lawsuit in state court on behalf of Donald L. Dolson ("Dolson"). In the lawsuit, Dolson alleged that he suffered injuries when his head struck a screw sticking out of the side of a water slide at a local theme park. In August 2001, a jury awarded Dolson $ 15,000. The debtor timely took an appeal with the New York State Supreme Court, Appellate Division. That appeal never was perfected.

Bankruptcy proceedings against the law firm proceeded. It would appear that there was no insurance for the legal malpractice case, which is now a claim. As for now, plaintiff's claim in bankruptcy remains alive. To what end, or how this will turn out, keep tuned.

Full post as published by New York Attorney Malpractice Blog on June 03, 2010 (boomark / email).