A Philadelphia lawyer is being sued by a former client who claims the man failed to file a
personal injury claim on behalf of the plaintiff within the applicable statute of limitations, leading the plaintiff to miss out on collecting damages.
Myesh Holman claims in her civil action that Kenneth Kapner failed to file a lawsuit on her behalf that stemmed from an early April 2010 motor vehicle accident.
At the time, Holman was a pedestrian at the intersection of 47th Street and Woodland Avenue in Philadelphia when she was struck by a negligently operated vehicle, leading the plaintiff to suffer severe bodily injuries, the current suit states.
The complaint says that if Kapner had filed suit on time, Holman would have been successful in pursuing a claim against the driver of the vehicle.
“Defendant failed to exercise that degree of skill, knowledge and care required of attorneys in this Commonwealth in failing to timely institute said action and in failing to advise plaintiff, prior to the expiration of the statute of limitations, that no suit would be filed on her behalf,” the complaint reads.
“But for the aforesaid negligence of the defendant, plaintiff would have recovered a substantial amount of money in compensation for her expenses, loss of earnings and pain and suffering."
Holman seeks damages in excess of $50,000.
The suit was filed Nov. 2 at Philadelphia’s Common Pleas Court by Philadelphia attorney Edwin P. Smith.
The case ID number is 121004390.