A. Murray

The plaintiff sued his former lawyer for negligence, alleging that a 1999 settlement of his accident benefits and tort claims was improvident.

The defendant lawyer brought a motion for summary judgment, arguing the claim was statute-barred.

The court granted the motion, finding that the plaintiff knew or ought to have known within five years of the settlement that his income was inadequate to meet his needs, which would give rise to a plausible inference of liability.

The action was dismissed.

The defendant law firm brought a motion to dismiss the plaintiff's 2006 action for delay under Rule 24.01.

The action involved allegations of knowing assistance in a breach of fiduciary duty.

The court reviewed the litigation history, noting periods of delay but also cooperative efforts between counsel and interlocutory motions.

The court found that the delay was not inordinate or inexcusable, and that the defendant failed to establish a substantial risk that a fair trial was no longer possible, as discoveries on liability were complete and documentary evidence was preserved.

The motion was dismissed.