Jones v. Lattimer (29 F. Supp. 3d 5, 2014)

MEMORANDUM OPINION

BERYL A. HOWELL, United States District Judge

Pending before the Court is the defendant Gregory Lattimer’s motion to dismiss the plaintiffs claims against him or, alternatively, to grant summary judgment in his favor, under Federal Rules of Civil Procedure 12(b)(6) and 56. Def.’s Mot. Dismiss Alt. Summ. J. (“Def.’s Mem.”), ECF No. 17. The plaintiff alleges in this legal malpractice suit that both defendants, who are attorneys, breached their duty of care to the plaintiff while representing her in a wrongful death action by negligently providing her settlement advice, thereby leading her to reject multiple settlement offers. See generally Complaint (“Compl.”), ECF No. 1-2. The defendant argues that the plaintiff has failed to state a cause of action under applicable D.C. law and that, in any event, the plaintiffs claims are barred by the statute of limitations. For the reasons stated below, the defendant’s motion is denied.

I. BACKGROUND

The complaint alleges that the plaintiffs son was shot and killed on September 1, 2000, by officers of the Prince George’s County Police Department, who, after conducting surveillance of the son’s car in Maryland, followed him into Virginia, where he was shot five times. Compl. ¶¶ 9-13. The plaintiff subsequently retained the defendants to represent her to pursue wrongful death and civil rights claims “arising out of and/or relating to the death of her son.” 7