On February 13, 2019, several weeks before the COVID lockdowns and while walking to Brooklyn Law School
Question:
On February 13, 2019, several weeks before the COVID lockdowns and while walking to Brooklyn Law School in Brooklyn, New York, John, who is a law student, slips and falls while walking past a hot dog stand. While not realizing it, John tripped on a banana peel tossed on the floor by Salvatore, who was making his famous banana hot dog sandwich. John suffers a broken leg and a fractured hip as the result of the slip and fall, and as a result of his injuries, he will walk with a limp for life. Salvatore, an undocumented alien from Italy, works for Jimmy's Hot Dogs, owned by James Abbondanza from Brooklyn, New York. Because John does not want to list a pending lawsuit on his bar applications, John waits until after his admission to the New York State Bar to pursue legal action based on his slip and fall. On December 30, 2021, John walked into the law offices of How, We, Sue, Them, and How, LLC. John tells Kimberly, a newly-minted lawyer, his story. Kimberly tells John that she does not think he has much of a case, and John limps out of the law office. After that, John goes to five other law offices, receiving the same response. Believing that he has a good case, John filed a lawsuit against Salvatore, James Abbondanza, and Jimmy's Hot Dogs on May 3, 2022. After that, Judge Sullivan dismissed John's lawsuit as time-barred. John then files a lawsuit against Kimberly for legal malpractice. According to John's complaint, Kimberly should have advised him of the applicable statute of limitations during his initial client visit. According to Kimberly, John is a newly admitted lawyer and should have known about the applicable statute of limitations issues raised by his cause of action. Please discuss all of the legal issues raised by this fact pattern.
When analyzing this fact pattern, please assume that you are the judge evaluating the merits of John's complaint against Kimberly.
Expert Answer:
ANSWER There are several legal issues raised by this fact pattern Statute of Limitations One of the primary legal issues is whether Johns lawsuit agai... View the full answer
