Friday, November 18, 2011
The Montana Supreme Court affirmed the dismissal of a legal malpractice claim on statute of limitations grounds.
The plaintiff had been represented by the defendant in connection with charges arising out of an animal cruelty investigation. Plaintiff was "charged with 130 counts of failure to vaccinate, 138 counts of failure to tag, and six counts of animal cruelty. Over 200 animals ranging from horses to gerbils were seized."
The defendant filed a motion to suppress the evidence, which was denied.
Plaintiff claims that defendant told her, "I know we can win this case." She nonetheless signed a plea agreement and pled to nine failures to vaccinate and tag and no contest to single count of cruelty. Defendant moved to withdraw from the case after sentencing. Plaintiff sought to appeal but was foreclosed by the plea agreement.
The suit here was filed more than three years after the sentencing. (Mike Frisch)