Who's breathing a huge, huge sign of relief today? Attorney Donald West of Stockton, that's who. Someone who should probably give Justice Cantil-Sakauye a huge hug the next time he sees her, I might add.
According to the trial court, Mr. West -- a Dartmouth man, I might add -- successfully turned a medical malpractice suit into a (likely) legal malpractice suit when he blew the statute of limitations. Because Mr. West allegedly blew the statute, the trial court granted summary judgment to the defendant. And the next step, almost certainly, was a legal malpractice claim against West.
But Justice Cantil-Sakauye reverses, holding that the telefaxed letter that West sent on February 2, 2004 effectively extended the limitations period and made the complaint timely.
Whew. Cut that one a bit close, didn't we?
Go Big Green.
