VANSICKLE v. KOHOUT

No. 31666.

599 S.E.2d 856 (2004)

215 W.Va. 433

Mark VANSICKLE, Plaintiff v. Edward R. KOHOUT, Defendant.

Supreme Court of Appeals of West Virginia.

Decided June 25, 2004.

Dissenting Opinion of Justice Starcher July 8, 2004.


Attorney(s) appearing for the Case

Jane E. Peak, Allan N. Karlin & Associates, Morgantown, for Plaintiff.

John F. McCuskey, Christopher J. Sears., Shuman, McCuskey & Slicer, Charleston, for Defendant.


McGRAW, Justice:

In this case, the Court considers two certified questions concerning legal malpractice actions. The lower court asks how a statute of limitations should be applied in cases where an injured client retains a second lawyer in an attempt to mitigate the harm caused by the first lawyer's malpractice. For the reasons set forth below, we conclude that an injured client's cause of action accrues at the time of the legal malpractice, or its discovery, and...

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