The defendant lawyer moved for summary judgment dismissing a malpractice action brought by a former client arising from the settlement of motor vehicle accident litigation.
The plaintiff alleged breach of contract, breach of fiduciary duty, negligence, and unjust enrichment, claiming he did not consent to the settlement or signed documents under duress and incapacity.
The court held that the action was statute-barred under the Limitations Act, 2002 because the plaintiff knew or ought to have known of the alleged cause of action years before issuing the claim.
The plaintiff provided no evidence supporting allegations of forgery, coercion, or incapacity sufficient to suspend the limitation period.
Summary judgment was granted and the action dismissed.
