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Torts — Legal malpractice — Statute of limitations

Appellant Arnold Harrison was injured at work and submitted a workers’ compensation claim in 2003. He retained Edward Christman, Esq., to represent him in the matter before the Workers’ Compensation Commission (“WCC”). Mr. Harrison was awarded temporary total disability benefits, and had five years from the date he received his last disability benefit payment in May 2004, to request a modification of his award under Maryland Code (1991, 2008 Repl. Vol.), Labor and Employment Article (“LE”), § 9-736(b)(3). Mr. Christman missed the filing deadline, and on, February 20, 2010, informed his client of his error.

Mr. Christman continued to represent Mr. Harrison, notwithstanding, before the WCC until May 10, 2010, when the WCC found that the claim was barred by the statute of limitations. More than three years after learning of his attorney’s unfortunate lapse, on May 7, 2013, Mr. Harrison filed malpractice claims against Mr. Christman and his law firm in the Circuit Court for Baltimore City.

The court found that the applicable three-year statute of limitations began to run on February 20, 2010 — the date that Mr. Christman informed Mr. Harrison of the mistake —and rejected Mr. Harrison’s argument that continued represent ation tolled the limitations period until May 10, 2010. The court granted summary judgment for Mr. Christman.

In his timely appeal, Mr. Harrison asks this Court to consider whether the Circuit Court for Baltimore City commit error by granting summary judgment in favor of appellants.

Read the opinion here: