A now retired schoolteacher brought suit against New York City for a trip and fall she sustained on the school’s gym floor where she worked.  As a result, she broke her arm and sought to recover for her injuries.  This case was filed in 1994 however this case was dismissed in 2008, as reported by the New York Law Journal in a May 23, 2013 news article.

The case was dismissed because the City was not the one who was responsible for the injury. Instead the case should have been brought against the school board. However, when the court decided this it was too late to sue the school board because the statute of limitations ran out. The statute of limitations is a certain time period where someone is allowed to bring an action for the injury that he or she sustained. If the action is not brought within this designated period, then the person waives his or her right to bring the lawsuit later on.

After this, the injured party then sued her attorney for legal malpractice. The court agreed with the injured party and held that the injured party’s attorney was unable to give a valid reason as to why the wrong person or entity was sued.  After the case was filed the firm did not do anything with the case, the firm waited until 2008 to request a Preliminary Conference. The firm repeatedly assured the injured party that everything was proceeding accordingly.

The attorney argued that even if the case was brought against the school board, then the injured party was less likely going to win as the board would have raised a defense and the case would have most likely been dismissed.  There are still issues that must be resolved in this case.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.