Third Circuit Court of Appeals applies discovery rule to professional negligence claim in reversing Middle District's grant of summary judgment.

The plaintiff Nicholas Knopick appealed from the United States District Court for the Middle District of Pennsylvania's grant of summary judgment in favor of defendant Philip A. Downey, Esquire. The plaintiff retained Downey to file a legal malpractice claim against the plaintiff's former attorneys, John J. Connelly, Jr. and Susan M. Kadel of James, Smith, Durkin & Connelly, LLP. The district court granted summary judgment in favor of Downey, finding that pursuant to Pennsylvania's "occurrence rule," the statute of limitations governing the plaintiff's claim began to accrue on the date of Downey's alleged malpractice and had, therefore, expired before the plaintiff filed his claim against Downey. The plaintiff appealed, arguing that the application of the discovery rule rendered the plaintiff's claim timely. The Third Circuit agreed and reversed the district court, concluding that the court erred by focusing upon the date of the alleged malpractice rather than upon the date the plaintiff learned he was injured by his attorney's malpractice. The Third Circuit also concluded that because reasonable minds could differ as to when the plaintiff knew, or should have known, of his injury, the district court improperly granted summary judgment in favor of Downey. Note: The district court also granted summary judgment in favor of Mr. Connelly, Ms. Kadel and their law firm, and the plaintiff did not appeal this ruling. This matter was handled at the trial level by Edwin Schwartz of our Harrisburg office.

Case Law Alert - 4th Qtr 2011