Roy Kotval v. John N. Gridley, III

LAY, Chief Judge.

This is an appeal from an order of dismissal of plaintiff’s claim for professional malpractice against a South Dakota attorney. The United States District Court for the District of South Dakota, the Honorable John B. Jones presiding, held that the claim was barred by the state statute of limitations. We must respectfully disagree. We reverse and remand for further proceedings.

This malpractice action stems from a suit in state court in South Dakota for damages from injuries sustained by Roy Kotval in a motor vehicle accident. The state court jury returned a verdict for Kotval…