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Home / Opinion Digests / Attorneys / Attorneys – Tort/Negligence – Legal Malpractice Claim – Case Within a Case – Snowy Road Fishtail – Arbitration — Civil Practice – Service of Process (access required)

Attorneys – Tort/Negligence – Legal Malpractice Claim – Case Within a Case – Snowy Road Fishtail – Arbitration — Civil Practice – Service of Process (access required)

Tarrant v. Hudson (Lawyers Weekly No. 12-16-0847, 22 pp.) (Martha A. Geer, J.) Appealed from Wake County Superior Court. (Abraham Penn Jones & Paul G. Gessner, JJ.) N.C. App. Unpub. Holding: Even though the defendant-attorneys failed to file a personal injury action on behalf of plaintiff before the statute of limitations expired, and even though plaintiff later obtained a default judgment against the driver and owner of the other car involved in his accident, since plaintiff only showed that the other car fishtailed and spun out on an icy, snowy road, plaintiff failed to prove that the other driver was negligent. Therefore, he failed to prove the “case within a case” necessary to show the attorneys committed legal malpractice when they missed the filing deadline.

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