LANCASTER - After allegedly suing the incorrect defendant in a slip-and-fall case, a Pennsylvania lawyer is facing a malpractice lawsuit in the Lancaster County Court of Common Pleas.
William Oberrender and his wife Rosemary Hannigan sued Nathan Carter, Esq. and his firm, Law Office of Nathan W. Carter, Esq., LLC on Jan. 6.
The lawsuit alleges negligence/malpractice and simple negligence, breach of contract/covenant of good faith and fair dealing, breach of fiduciary duty and loss of consortium.
The plaintiffs hired the defendant in a slip-and-fall case against the owner of their apartment building (Barrcrest Manor Apartment Associated, L.P.) after Oberrender fell in a puddle of water amid flooding. The defendants allegedly sued the wrong apartment building (Madison Barrcrest Apartments) in the personal injury lawsuit.
Carter issued a letter to the plaintiffs letting them know the suit was filed against the incorrect defendant and apologized, the suit says.
By the time he apologized, the statute of limitations had run, the suit says. While the plaintiffs tried to fix the initial lawsuit, they were denied, the new suit says.
“Defendants failed to possess and/or exercise the ordinary skill, knowledge and care normally possessed and exercised by members of good standing in the legal profession,” the plaintiffs claimed in the court documents. “As a result, [Mr. Oberrender] has suffered significant financial damages and severe emotional distress.”