By The Law Offices of John Day, P.C. on Mar 22, 2024 06:00 am
Where the substance of a complaint sounded in legal malpractice, and the complaint was filed more than one year after plaintiff should have been aware that he had been injured by the alleged negligence, judgment on the pleadings for defendants was affirmed. In Houbbadi v. Kennedy Law Firm, PLLC, No. M2022-01166-COA-R3-CV (Tenn. Ct. App. Jan. 9, 2024), plaintiff filed a complaint against the law firm and lawyers that had previously represented him in a divorce and order of protection proceeding. In his complaint, plaintiff asserted that defendants defrauded plaintiff when he hired them, failed to represent plaintiff in good faith, and agreed to a continuance when they should not have. Plaintiff argued that defendants’ failure to move for him to have exclusive possession of the marital residence led to him returning to the house and murdering his wife. The trial court granted defendants judgment on the pleadings, ruling that to the extent plaintiff claimed breach of contract and fraud, those claims were not pled with sufficient particularity, and to the extent he claimed legal malpractice, the claim was time barred. The ruling for defendants was affirmed on appeal.
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