Photo Evidence Key to Dismissal of Legal Malpractice Lawsuit
Successfully represented a law firm in having a legal malpractice case dismissed in the Philadelphia Court of Common Pleas. The case involved an attorney of the law firm who had failed to respond to a motion for summary judgment in a slip and fall case. After the case was dismissed, suit was brought against our client along with the individual attorney. The plaintiff, well coached in the legal standard, testified that she clearly fell on hills and ridges and that if a response had been filed to the motion for summary judgment in Philadelphia Common Pleas Court, it would have been denied. During the course of the investigation, it was discovered that photographs the plaintiff allegedly took the day of the incident did not match up with the weather conditions on record. (The plaintiff had emailed the original photographs, which she claimed she took that day, to our client at the time they were representing her.) An investigation of the weather reports and metadata related to the photographs revealed that the photographs were actually taken much later in the week, after a significant snowfall had occurred. Presented with this evidence, counsel for the plaintiff voluntarily dismissed the lawsuit.