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I C 251/13 AI generated

Civil court dismissed claim for damages against former lawyer for negligence and statute of limitations.

Case Number I C 251/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the plaintiff's claim for 1.2 million zloty against his former lawyer, who had been appointed as a mandatory legal representative. The plaintiff argued that the lawyer's negligence caused financial loss and moral damage, but the court found no causal link between the lawyer's actions and the alleged harm. Furthermore, the court ruled that the claim was time-barred because more than three years had passed since the plaintiff learned of the final judgment in the underlying case.

Legislator headnote

AI generated

Art. 471 k.c.; Art. 415 k.c.; Art. 6 k.c.; Art. 442(1) par. 1 k.c.: A claim for damages against a mandatory legal representative for procedural negligence is dismissed if the plaintiff fails to prove causation and the claim is time-barred under the three-year limitation period.

Keywords

AI generated
mandatory legal representative procedural negligence statute of limitations causation requirement civil damages claim

Cited Legislation

AI generated
Art. 471 k.c.
Art. 415 k.c.
Art. 6 k.c.
Art. 442(1) par. 1 k.c.
Art. 113 §1 ustawy o kosztach sądowych w sprawach cywilnych
Art. 102 k.p.c.
art. 415 k.c
art. 5 k.c
art. 451 k.c
art. 49 k.p.c

Cited Case Law

AI generated
II CSK 210/12
AI generated
I ACa 835/21
Appeal dismissed; court upheld first-instance dismissal of claim for damages due to ineffective power of attorney.
I ACa 1174/17
Appeal dismissed; lawyer's liability requires proving loss of case outcome, not mere procedural errors.
I C 530/19
Court dismisses insurance claim for legal negligence, ruling non-filing of appeal does not constitute fault.
I AGa 218/18
Court dismissed appeal against partial judgment awarding damages for breach of management service contract.

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