Current News
 

McKellar, Tiedeken & Scoggin LLC
Home     Search

Summary Judgment in Defense of Malpractice Claim
   Our attorneys were requested to represent a respected Wyoming law firm with regard to a legal malpractice claim filed against it by a former client.  The firm had previously represented a Wyoming ranch in an earlier proceeding against a surveying and engineering firm that failed to render the professional services contracted for.  The law firm, on behalf of its ranching clients filed suit against the engineering and surveying company.  The district court granted summary judgment to the defendant engineer on the basis that suit was not filed within the applicable statute of limitations and the matter was appealed to the Wyoming Supreme Court.  The firm and the ranch agreed to continue the representation through the supreme court appeal with the express understanding that the ranch may be a claim for legal malpractice.  
    On appeal the Wyoming Supreme Court affirmed the district court`s decision to grant summary judgment to the engineering and surveying company.  During the intervening period the ranch had contacted other lawyers to represent it against our client in a lawsuit for legal malpractice.  When the supreme court decision was issued the ranch was represented by another attorney and at that time was fully aware of the date upon which the running of the statute of limitations would be based with regard to the suit against our client.  
 
   The ranch filed suit in District Court to pursue its malpractice claim against our client for failure to file their original suit within the applicable statute of limitations.  Bill McKellar and Brian Hunter filed a Motion for Summary Judgment in defense of the suit.  We argued that the ranch again failed to file suit within the statute of limitations provided in Wyoming`s professional negligence statute, Wyo. Stat. 1-3-107 based on the decisions of the district court and the supreme court in the previous suit.  The district court in this suit, noting the difficulty it had in reaching its decision in light of the consequences to the ranch yet again, agreed and determined that the ranch again failed to file within the applicable statute of limitations.    

Home  •  Practice Areas  •  Attorney Profiles  •  Current News  •  Wyoming Info  •  Contact Us  •  Disclaimer
© McKellar, Tiedeken & Scoggin, LLC 702 Randall Avenue, Cheyenne, Wyoming 82001, Phone: 307.637.5575 Created by
The Webwright