Phila. woman files legal malpractice suit against former attorney

A Philadelphia woman who had hired a North Wales, Pa. attorney to represent her in a slip-and-fall case some years back is suing her former counsel in state court, alleging the lawyer didn’t do enough to pursue her case after it was initially dismissed by a judge.

Elba Logan is suing Montgomery County attorney Carlos M. Gonzalez-Aleman for what she contends was improper legal representation stemming from a complaint she had filed against New Jersey-based Cousin’s Supermarket.

According to the new complaint, which was filed Jan. 3 at Philadelphia’s Common Pleas Court by Northeast Philadelphia attorney Jeffrey J. Goldin, Logan had fallen as a result of a slippery substance that had been left on the floor of the supermarket, located at 1915 N. 6^th St. in Philadelphia. The alleged incident occurred on July 31, 2007.

Logan subsequently retained the services of Gonzalez-Aleman, who, on July 30 of that year, filed a praecipe to issue a writ of summons against the supermarket in order to preserve the statute of limitations.

In November 2009, Gonzalez-Aleman filed an official complaint against the supermarket in state court, the suit states.

Then, in late December of that year, the court issued an order sustaining preliminary objections by the supermarket, and striking the plaintiff’s complaint in its entirety.

The lawsuit claims that Gonzalez-Aleman “took no further actions to attempt to reopen the aforementioned matter.”

On Nov. 16, 2010, Logan retained a new lawyer in an effort to reopen her case. On Feb. 8 of this year, the plaintiff’s motion seeking leave to file an amended complaint was denied with prejudice, the lawsuit states.

“At all times material hereto, Plaintiff Elba Logan had a legitimate factual and legal claim against Cousins,” the lawsuit states.

The legal malpractice complaint alleges that Gonzalez-Aleman had a duty to represent his client “zealously” and to protect his client's legal rights, and that he allegedly failed to do so and breached his duty when he opted not to pursue the matter further.

Logan demands judgment against Gonzalez-Aleman in a sum not greater than $50,000, plus delay damages, interest and other court relief.

The case number is 120100149.