Friday, January 15, 2010
An attorney was retained by a surviving spouse on her own behalf and on behalf of her two children to prosecute a wrongful death action. The complaint was not timely served and the case was dismissed. The client hired new counsel to sue for legal malpractice and that case was dismissed on statute of limitations grounds.
The Nebraska Supreme Court held that the claims of the children were not time-barred, as the statute was tolled until they reach the age of majority. The court held that the privity requirement is not absolute in a legal malpractice action. Rather, the attorney had an independent duty to the children. (Mike Frisch)