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February 2, 2003
Appellate Court Bars Application of Accidental Failure of Suit statute; Holds Negligence Claims Were Untimely Filed

Caffrery v. Stillman, 829 A.2d 881 (Conn. App. 2003) In Caffrery v. Stillman, 829 A.2d 881 (Conn. App. 2003), the Appellate Court considered a case in which a former client filed a legal malpractice action against his attorney, asserting negligence and breach of contract.  The Superior Court granted the attorney's motion for summary judgment.  On appeal, the Appellate Court held that: the accidental failure of suit statute did not save the former client's negligence claim, and because a purported breach-of-contract claim was in reality a negligence claim, and thus was governed by the three-year statute of limitations for tort claims, the claims were barred as untimely.