Kimmer v. Wright

Philip Wright appeals the trial court’s order granting partial summary judgment to Carol M. Kimmer, as personal representative of the estate of Richard Kimmer,1 in which the court held the statute of limitations had not run on Kimmer’s legal malpractice action. We reverse and remand.

FACTS/PROCEDURAL HISTORY

On January 29,1999, Kimmer was injured in a motor vehicle accident as he was driving to work for his employer, Murata. He hired attorney Philip Wright to represent him. Without notice to Murata, Wright settled Kimmer’s claims with the at-fault driver’s insurance carrier for his policy limit…