PHILADELPHIA – A man who suffered severe facial injuries in a barroom altercation more than two years ago claims his attorney committed professional malpractice by failing to file legal action in that matter before the personal injury statute of limitations ran out.
Matthew Huntowski of Jenkintown filed suit in the Philadelphia County Court of Common Pleas on July 20 versus McElhatton Foley, P.C. and Daniel McElhatton, both of Philadelphia.
According to the lawsuit, Huntowski was a customer at the Draught Horse restaurant and bar on Feb. 4, 2016, when he was suddenly and unexpectedly assaulted by a man under the age of 21 who had gained admission to the premises. As a result, Huntowski sustained multiple facial fractures and needed reconstructive surgery to repair the structure of his face, he says.
“Huntowski’s face is permanently scarred, his lower eyelid is permanently deformed such that his lashes grow inward towards his eye, resulting in permanent irritation to his left eye, his left eye is permanently set lower than the right, and his left cheek is also set lower than the right, which conditions may grow worse in the future and may require future surgeries,” the lawsuit reads.
Seeking to pursue legal action in connection with the incident, the suit states Huntowski contacted defendant McElhatton, met with him and selected him to represent him in future litigation in September 2017. McElhatton allegedly told the plaintiff that his case was being pursued, and additional documentation and medical records related to the incident were being obtained and reviewed.
For personal injury actions in the Commonwealth of Pennsylvania, there is a two-year statute of limitations. That same time bar in the underlying matter expired on Feb. 4 of this year, without the defendants filing a lawsuit against Jessup and the other parties whose liability may have contributed to Huntowski’s injuries.
“After Feb. 4, 2018, defendant Daniel McElhatton met with Matthew Huntowski at his home and told him that defendants failed to initiate a lawsuit prior the expiration of the statute of limitations. Defendants admitted to Huntowski that they were professionally negligent and failed to protect his personal injury claim by failing to initiate a legal action within the two-year statute of limitations, and failing to take any action to preserve the statute of limitations prior to its expiration on Feb. 4, 2018,” the suit says.
Due to this delay, Huntowski says he was unable to seek or receive compensation for the injuries and medical costs needed to repair them.
In new matter filed Sept. 17, counsel for McElhatton and his firm argued Huntowski’s claims are barred by the doctrines of waiver, estoppel and laches, assumption of risk, failure to mitigate damages and failure to state a claim upon which relief could be granted – but if the defendants were determined to be liable, they argue any recovery should be eliminated or reduced due to the Pennsylvania Comparative Negligence Act.
Through a response filed four days later, on Sept. 21, denied each of those same rationales.
For counts of negligence, breach of contract, misrepresentation and false advertising, the plaintiff is seeking compensatory damages in excess of the Court’s arbitration limits, plus interest, costs and fees as the Court may allow.
The plaintiff is represented by Patrick C. Timoney of Devine Timoney Law Group, in Plymouth Meeting.
The defendants are represented by John F. O’Riordan of O’Riordan Law Firm, in Philadelphia.
Philadelphia County Court of Common Pleas case 180702342
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com