Lawrence Attorney Malpractice – Failure to File Suite On Time – Missed the Statute of Limitations on Product Liability Case against Waste Management
Sven, a high school student, was working at the hospital kitchen in Boston. The trash company, Waste Management, showed workers how to override the compactor’s hydraulic system when it did not work in cold weather. The instructions were followed by Sven, when one very cold day the hydraulic system went into reverse and the compactor’s steel cover bashed Sven’s right index finger, resulting in two surgical procedures at Massachusetts General Hospital to correct it. Sven’s attorney, Sherman, had lots of associates. Every few months Sven would get a letter from Sherman’s new associate introducing him or herself and exclaiming that the case was being worked. Unfortunately, while associates were changing and while Sherman was down in Florida on vacation, the Stature of Limitations ran on Sven’s case and he lost his rights to sue Waste Management. Sven retained my office and we filed a lawsuit against Sherman. His attorney tried to get us to dismiss the lawsuit and argued that Sven need to file against Waste Management in Mississippi. We aggressively fought Sherman and his insurance attorneys by taking depositions of everyone at Waste Management who had used that compactor.
When we finally found the worker that gave Sven the negligent instructions, Sherman’s insurance company paid a handsome settlement. Moreover, we worked out a deal with the worker’s compensation insurance company in which there would be no lien.