Legal Opinion

Vansickle v. Kohout

West Virginia Supreme Court

Decided June 25, 2004No. 31666PublishedCited by 6 opinions

1Opinion of the Court

MeGRAW, Justice:

In this case, the Court considers two certified questions concerning legal malpractice actions. The lower court asks how a statute of limitations should be applied in eases where an injured client retains a second lawyer in an attempt to mitigate the harm caused by the first lawyer’s malpractice. For the reasons set forth below, we conclude that an injured client’s cause of action accrues at the time of the legal malpractice, or its discovery, and that the injured client’s subsequent efforts with new counsel to mitigate the harm do not toll the running of the statute of…

2Cases cited16 opinions

  1. Laird v. BlackerCalifornia Supreme Court · 1992
  2. Gallapoo v. Wal-Mart Stores, Inc.West Virginia Supreme Court · 1996
  3. Morgan v. Grace Hospital, Inc.West Virginia Supreme Court · 1965
  4. Cart v. MarcumWest Virginia Supreme Court · 1992
  5. Bradshaw v. SoulsbyWest Virginia Supreme Court · 2001

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3Cited by6 opinions

  1. Dunn v. RockwellWest Virginia Supreme Court · 2009
  2. Aymann v. John Peter Lee, Ltd.Nevada Supreme Court · 2016
  3. Donald C. Nichols v. Maroney Williams Weaver & Pancake PLLC and Patrick K. MaroneyIntermediate Court of Appeals of West Virginia · 2023
  4. Dunn v. RockwellWest Virginia Supreme Court · 2009
  5. Hupp v. MonahanWest Virginia Supreme Court · 2021

1 more not listed; retrieve them via the Exa API.

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