Wagner v. Tucker

LUMBARD, Circuit Judge: *

Plaintiff Constance Wagner (now Mrs. Constance Wooley), a citizen of New York State, brought this diversity action against Sheila M. Tucker, as Administratrix of the Estate of James R. Rooney. Defendant is a citizen of Connecticut. Mrs. Wooley alleged that Mr. Rooney, an attorney, had negligently failed to institute a personal injury action on her behalf within the permissible statutory period, thereby depriving her of the damages she would have recovered in such an action. After a one-day trial to the court, sitting without a jury, the court held from the bench that…